The general advice from risk-averse attorneys is straightforward: don’t do it! This advice is premised on four key considerations.
First, litigators and corporate counsel do not like surprises. They do not like shaking their heads when they have a great case….until watching the recording of the meeting.
Second, with phone calls to people around the country and the world, there is a significant risk of unknowingly violating laws that require all participants to consent to the recording.
Third, certain calls are sensitive (e.g., counseling) such that there are ethical and HR concerns to consider. Likewise, certain statutes require higher levels of security, such as HIPAA, that your company may not be providing.
Fourth, once a written contract is signed, then only its terms should govern.
Therefore, if your company is not providing its employees with phones and other devices, then it is imperative that you have strong IT management over employee-owned devices. This includes:
Stating your company’s policy clearly and often.
Only permitting managed devices to connect to your network.
Auditing to ensure every device that has connected to your network is known
Requiring any use of an unauthorized device or unauthorized act, which includes recording meetings and intentionally attempting to access information without the requisite permission.
And when in doubt, I recommend talking with your IT provider and insurance broker because each of them have useful knowledge and advice.
David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for companies, which requires him to consider a diverse range of corporate, dispute resolution and avoidance, contract drafting and negotiation, and other issues. He can be reached at david@seidmanlawgroup.com or 312-399-7390.
This blog post is not legal advice. Please consult an experienced attorney to assist with your legal issues.
