Telling people a meeting is being recorded: the basics

This page is general information only. It isn't legal advice, and the rules differ by country, state and type of meeting. For your own situation, ask a lawyer or read your regulator's guidance.

The short version: tell people. Even where the law might not require it, saying so at the start is the habit that keeps you out of trouble. The rest of this page is about why the answer to "do I have to?" isn't the same everywhere.

What to have in hand

• A list of everyone who'll be in the meeting, and where each person is.
• The name of your tool, and whether it records audio, makes a transcript, or both.
• A line you'll say at the start, such as "This meeting is being recorded and transcribed so we can write up notes."
• A place to note that you said it, such as the first line of the minutes.
• The contact for your privacy regulator and a lawyer, if you have one.

Recording and transcribing are two things. A tool may do only one. Both can capture personal information, so treat them the same until you know better.

Why the rules differ

The examples below come from one general reference about telephone call recording. They are about phone calls only. Rules for in-person and video meetings may differ, so check them separately. They're a flavour, not a full list, and laws change.

• Australia: one source says federal law and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations. It says the general rule is that a call may not be recorded, and that an organisation recording a call must tell the other party at the beginning of the conversation¹.
• New Zealand: the same source says there's no requirement under the Crimes Act that both parties be aware of a recording made by someone who's part of the conversation. The Privacy Act is a separate matter, and for phone calls, it's usually considered unfair to record someone without telling them¹.
• United States: laws vary by state. Some states require only one party to be aware of a recording, and others generally require both¹.

Notice the pattern. A rule that's fine in your state may not hold for the person joining from another one. If your call includes people in several places, work to the stricter rule.

Privacy law is a second layer

Recording rules and privacy rules are separate. Privacy law cares about what you do with the information afterwards.

New Zealand's Office of the Privacy Commissioner says businesses that collect personal information need to follow the Privacy Act, including small businesses and sole traders². Its examples of personal information include notes, emails, recordings and photos². So a meeting recording of identifiable people is personal information there.

Other countries have their own regulators. Readers in Australia can look at the Office of the Australian Information Commissioner. In the UK there's the Information Commissioner's Office, and in the US there's the Federal Trade Commission. Employment questions, such as recording staff, can also bring in Fair Work in Australia, or the equivalent body where you are. Use these as the official source, not this page.

Telling people in practice

• Mention it in the meeting invitation, so nobody's surprised.
• Say it again out loud at the start, once everyone has joined.
• Give people a real way to say no. That might mean taking notes by hand for that meeting.
• Note in the minutes that people were told.
• If someone joins late, tell them when they arrive.

If your tool shows a banner or a notice when recording starts, that helps. But a banner isn't a conversation. Say it anyway.

Edge cases to ask about

• Clients and customers. They aren't staff, and they didn't agree to anything when they booked.
• Staff. Workplace rules and contracts may add steps. Check with your regulator or lawyer.
• People in other countries. See the point above about working to the stricter rule.
• Meetings with sensitive content. Some are better not recorded at all. See meetings that are better not recorded.

Once you've recorded, the next question is who holds the files. Where recordings and transcripts end up covers it.