From a legal perspective, the most important question when
recording calls is consent. As a general rule of thumb, it’s polite to make
sure that all parties involved in a conversation are aware that it’s being
recorded. However, in some foreign jurisdictions such as the United States,
only one person is required to know by law.
If you plan to record telephone calls or in-person
conversations (including by recording video that captures sound), you should be
aware that laws may limit your ability to do so. These laws not only expose you
to the risk of criminal prosecution, but also potentially give an injured party
a civil claim for money damages against you.
Telephone tapping is strictly regulated in many countries,
especially in developed democracies, to safeguard the privacy of telephone
users. Telephone tapping often must be authorized by a court and is normally
only approved when evidence shows it is not possible to detect criminal or
subversive activity in less intrusive ways.
Very often, the law
and regulations require that the crime investigated must be at least of a
certain severity. In many jurisdictions, however, permission for telephone
tapping is easily obtained on a routine basis without further investigation by
the court or other entity granting such permission. Illegal or unauthorized
telephone tapping is often a criminal offense. However, in certain
jurisdictions such as Nigeria, criminal courts may accept illegally recorded
phone calls without the other party's consent as evidence. This is because
under Nigerian laws, illegally obtained evidence may still be admissible in
evidence.
Currently, Nigeria has no specific law governing the
interception of private communications in Nigeria. Two draft bills are pending
before the National Assembly: the Interception and Monitoring Bill 2009 is
before the Senate, while the Telecommunications Facilities (Lawful Interception
of Information) Bill 2010 is before the House of Representatives.
The current position on the interception of private
communications is governed by:
a. the Nigerian Constitution (Chapter C23, Laws of Federation of Nigeria 2004, as amended);
b. the Communications Act (Chapter N97, Laws of Federation of Nigeria 2004); and
c. the Freedom of Information Act 2011.
Constitution
Section 37 of the Constitution provides for the protection
of the privacy of all Nigerian citizens and their homes, correspondence,
telephone conversations and telegraphic communications. Other than this general
provision, the Constitution makes no provision for the manner in which
citizens' privacy is to be protected or guaranteed. However, the protection and
guarantee afforded by Section 37 is not absolute, and under Section 45(1) is
subject to any law enacted by the National Assembly in respect of national
security, defence, public safety or public order.
Communications Act
Section 147 of the Communications Act provides that the
Nigerian Communications Commission (NCC) – the Nigerian telecommunications
sector regulator – may determine that a licensee or class of licensees
"shall implement the capability to allow authorized interception of
communications and such determination may specify the technical requirements
for authorized interception capability".
Freedom of
Information Act
On May 31, 2011, the president of Nigeria signed into law the
Freedom of Information Act, with the aim of making public records and
information freely available. Section 1 of the act provides that:
"Notwithstanding anything contained in any other act,
law or regulation, the right of any person to access or request information,
whether or not contained in any written form, which is in the custody or
possession of any public official, agency or institution howsoever described is
established."
However, the Act prohibits the disclosure of certain
information, such as personal information (ie, any official information held
about any person), except in the circumstances specified under the act. The act
defines 'information' to include any records, documents and information stored
in any form, including written, electronic, visual images, sound, and audio
recordings.
With regard to the disclosure of information, Section 11(2)
of the act provides that an application for information shall not be denied
where the public interest in disclosing the information outweighs whatever
injury that disclosure would cause.
Etiquette Tips for
Recording Conversations
So, now that you’ve got things squared away (mostly)
regarding Nigerian laws, let’s go over some etiquette tips for recording
conversations. Aside from checking your state’s laws on consent and alerting
all parties involved that you’re recording a conversation, here are some etiquette recommendations.
1. Be Open and Honest
In some states, you might be breaking the law if you’re
recording secretly, even in a public place.
Whenever possible, make it clear to those around you that you are recording. Don’t hide your camera or tape recorder. Being upfront puts people on notice that they are being recorded, affords them an opportunity to object and undercuts any argument that you are acting secretly.
2. Listen carefully
It sounds simple, but if you’re “in charge” of a conversation that’s in person or over the phone and you’re recording it, then
it’s your job to listen to what the other person or people are saying. After
all, you’re recording the conversation to pick up information that you can
refer to later.
3. Don’t mumble
One of the worst things that can happen when you’re
listening to a recorded conversation is that you’re not able to understand some
or all of what was said. Therefore, you and everyone else engaged in the
conversation should speak clearly. If you have to remind someone to speak
clearly, then do so — politely.
4. Don’t eat
So, maybe you skipped lunch to hop on a phone call that’s
being recorded. That doesn’t give you permission to noisily chomp on your
Chicken Republic sandwich during the conversation. Wait till after
the call to eat your lunch.
Another tip: Don’t chew gum during the conversation. It’s
rude and distracting (and no one wants to hear it again on the recording).
5. Make sure
everyone’s identified
If you’re chatting on the phone, especially during a
conference call, everybody should identify himself or herself at the outset.
6. Watch your tone
Again, if you’re on a phone call, be mindful of how you’re
coming across. Your tone of voice can convey many messages — some of them not
so positive.
“Do not sound overly anxious, aggressive or pushy,”
AdvancedEtiquette.com suggests.
7. Be respectful
In the case of a recorded phone call, focus on the
conversation and avoid multitasking. For example, AdvancedEtiquette.com
suggests steering clear of distractions such as your computer, your paperwork
or your co-workers.
Which Conversations
Should Be Recorded?
Now that you’re up to speed on etiquette, what types of
conversations should you be recording? Here are four examples.
1. Interviews
If you’re a writer, it’s often wise to record interviews
you’re conducting. This way, you can review the recording or transcript to
double-check information or flesh out quotes if you were simultaneously taking
notes.
2. Client meetings
Whatever line of business you’re in, it might make sense to
record a meeting with a client. Afterward, you can listen to the recording or
read the transcript to refresh your memory about key points that were brought
up. This can also provide confirmation that you’re following their directions,
if they later claim that they wanted a different service or product from what
you provided based on the phone meeting.
3. Conference calls
In some cases, you might need an official record of business
that was conducted during a conference call, especially if any formal votes
were taken. If there’s any doubt about what happened during the call, you can
go back to the recording or transcript for verification.
4. Lectures
During a long lecture at school, you might miss some of the
most vital parts when you’re writing them down, especially if your hand gets
cramped. Recording the lecture and listening to it later or poring over a
transcript can help you recover information that’s not in your written notes.
Transcribing a
Recorded Conversation
Once you’ve recorded a conversation, how do you transcribe
it?
Well, you can do it the old-fashioned way by listening to
the recording and then writing down or typing the conversation verbatim. That’s
very tedious and time-consuming.
However, a number of digital tools are available to help speed up audio transcription. We recommend you give the VocalScript app a try. The app allows you to record important conversations — at no charge — and then have the call transcribed for just N50 per audio minute.
Remember...if you can speak it, we can script it.