Recording your phone calls for training and quality purposes - GDPR: Cannot record or use the personal information in those calls without your consent.
- seantech11twine197
- Jun 4
- 2 min read
Updated: 4 days ago
Recording your phone calls for training and quality purposes. What are your rights?
GDPR: Rules
When is data processing allowed?
EU data protection rules mean you should process data in a fair and lawful manner, for a specified and legitimate purpose and only process the data necessary to fulfil this purpose. You must ensure that you fulfil one of the following conditions to process the personal data; you:
have been given the consent of the individual concerned
need the personal data to fulfil a contractual obligation with the individual
need the personal data to satisfy a legal obligation
need the personal data to protect the vital interests of the individual
process personal data to carry out the task in the interest of the public
are acting in your company's legitimate interests, as long as the fundamental rights and freedoms of the individual whose data are processed are not seriously impacted. If the person's rights override your company's interests, then you cannot process the personal data.
Agreeing to data processing - consent
The GDPR applies strict rules for processing data based on consent. The purpose of these rules is to ensure that the individual understands what he or she is consenting to. This means that consent should be freely given, specific, informed and unambiguous by way of a request presented in clear and plain language. Consent should be given by an affirmative act, such as checking a box online or signing a form.
When someone consents to the processing of their personal data, you can only process the data for the purposes for which consent was given. You must also give them the opportunity to withdraw their consent.
I have seen references to people recording phone calls for training and quality purposes stating:
"this cannot be looked upon as an illegal offense as everyone
involved was informed that the conversation was going to be recorded"
I believe, this information is incorrect. Under GDPR rules companies can inform you they are recording your phone calls but cannot record or use the personal information in those calls without your specific contractual consent.
GDPR: States Above:
need the personal data to fulfil a contractual obligation with the individual
If the person's rights override your company's interests, then you cannot process the personal data.
According to that they cannot use the private personal information in a call to enhance their business "the person's rights override their company's interests" and this, I believe, states recording your phone calls for training and quality purposes would be a breach of data in relation to commercial misuse of the data in a commercial setting.
Any data used to train staff with recorded private personal information would have to be paid for contractually and specific permission to use the data collected would have to be obtained from the person on the call.
So the next time you hear this on a phone call, ask the company are they in compliance with EU GDPR data protection laws?
This information is my interpretation of this under GDPR if you have any reservations about this check with the data commissioner.
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