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Can Administrators Monitor Business Calls in an All Party Consent State

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  • 04-29-2015, 11:10 AM
    PADriver13
    Can Administrators Monitor Business Calls in an All Party Consent State
    My question involves labor and employment law for the state of: PA

    PA is a two-party state with recording/wiretapping, etc. Recently my company installed a new VoIP phone system that have a ton of new features, etc. One of those features is the ability for administrators to "drop in" on a call in progress. This essentially allows the administrator to listen in on a call that is already in progress without either party knowing that it has been done. Only several people know this ability exists in our specific system and the idea has been brought up that sales managers should "drop in" on calls between reps and their clients in order to see where improvements can be made, coaching, etc. I brought up the fact I thought it was an issue, etc. and their argument is that the company owns the phone system and can listen in on employee phone calls if they determine it is necessary. I said ok, but you aren't just dropping in on an employee's call - there is a client on the line as well. They seem to think this is all well and good. Do wiretapping/recording laws not apply to a corporate phone system??
  • 04-29-2015, 12:24 PM
    cbg
    Re: Can Administrators Monitor Business Calls in an All Party Consent State
    "You have reached the ABC company. This call may be monitored for quality assurance."
  • 04-29-2015, 12:27 PM
    PADriver13
    Re: Can Administrators Monitor Business Calls in an All Party Consent State
    Quote:

    Quoting cbg
    View Post
    "You have reached the ABC company. This call may be monitored for quality assurance."

    We don't have that general announcement made to callers. Besides, I haven't seen that used successfully for outbound calls. In bound calls, sure we are all accustomed to it. But not outbound.
  • 04-29-2015, 02:08 PM
    adjusterjack
    Re: Can Administrators Monitor Business Calls in an All Party Consent State
    There does seem to be an exception to the PA statute that could apply here:

    Title 18 - CRIMES AND OFFENSES
    Chapter 57 - Wiretapping and Electronic Surveillance
    5704. Exceptions to prohibition of interception and disclosure of communications.
    It shall not be unlawful and no prior court approval shall be required under this chapter for:
    (15) The personnel of a business engaged in telephone marketing or telephone customer service by means of wire, oral or electronic communication to intercept such marketing or customer service communications where such interception is made for the sole purpose of training, quality control or monitoring by the business, provided that one party involved in the communications has consented to such intercept. Any communications recorded pursuant to this paragraph may only be used by the business for the purpose of training or quality control. Unless otherwise required by Federal or State law, communications recorded pursuant to this paragraph shall be destroyed within one year from the date of recording.


    http://law.justia.com/codes/pennsylv...18/chapter-57/

    Show that to your boss. My guess is that it will result in a memo going out to all employees requesting their consent to the practice and I wonder what will happen to employees who don't consent.
  • 04-29-2015, 02:18 PM
    PADriver13
    Re: Can Administrators Monitor Business Calls in an All Party Consent State
    Thanks, Jack. Very interesting. That exception pertains to specifically what they want to do. So as long as the employee consents, the client on the either end does not have to consent. Definitely going to have to bring this to their attention. I'd suspect those who do not consent will be given an ultimatum.
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