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  1. #1
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  2. #2
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default 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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