Call Recording and Screen Recording Compliance Fundamentals

The definition of call recording compliance is the process of ensuring that the recording of phone calls is legally compliant with various state and international laws and regulations.

Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. §2511(2)(d)).

Call recording laws in some U.S. states require only one party to be aware of the recording, while other states generally require both parties to be aware. Several states require that all parties consent when one party wants to record a telephone conversation.

Call recording and Screen Recording software records telephone and PC conversations over PSTN or VoIP in a digital audio file format. Call recording is distinct from call logging and tracking, which record details about the call but not the conversation; however, software may include both recording and logging functionality.

Call recording is becoming increasingly important, with technology changing and working habits becoming more mobile. Addressing mobile recording is now the subject of many financial regulators’ recommendations. It is also increasingly important to business continuity planning, especially for pandemic planning.

In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Compliance has traditionally been explained by reference to the deterrence theory, according to which punishing a behavior will decrease the violations both by the wrongdoer (specific deterrence) and by others (general deterrence). This view has been supported by economic theory, which has framed punishment in terms of costs and has explained compliance in terms of a cost-benefit equilibrium (Becker 1968).