How blinkq Works
blinkq is not a call recording service. It processes audio in real-time for coaching purposes:
- Real-time processing: Audio is streamed to our transcription API during the call, processed, and immediately discarded
- No storage: We do not save audio files after your session ends
- Optional transcripts: If you enable post-call analysis, text transcripts (not audio) may be stored at your direction
This distinction matters legally. However, if you store transcripts or if local laws treat real-time processing similarly to recording, consent obligations may apply.
blinkq's Recommendation
When in doubt, notify all call participants that you're using a coaching tool that processes conversation audio. This is best practice regardless of your jurisdiction.
United States
Federal Law
The Electronic Communications Privacy Act (ECPA) allows recording of phone calls when at least one party consents (one-party consent). However, federal law is a floor — states can impose stricter requirements.
Strict law: All parties must consent. Violation is a criminal misdemeanor (up to $2,500 fine and 1 year in jail).
What this means: You must inform the other party before or at the start of the call. Consider: "This call may be monitored for coaching purposes."
Permissive: You can record if you are a participant without notifying the other party.
Best practice: Notify anyway. Many NY courts have interpreted the law to require at least some expectation of privacy.
Strict law: All parties must consent. Violations can result in civil liability (up to $50,000 per violation).
Workaround: Use verbal or written consent at the start of the call.
Very strict: The Eavesdropping Act prohibits recording without consent of all parties. Violations can result in Class 1 felony charges.
Exception: Some courts have allowed one-party recording for business purposes — consult an attorney.
Permissive: You can record phone conversations you are participating in without notifying others.
Note: Texas also allows recording if a participant consents (even if not you).
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.
Europe
Regulation of Investigatory Powers Act: Interception requires consent of the sender (you), but industry guidance recommends informing all parties.
Best practice: Announce at the start of the call. "This call may be recorded for training and coaching purposes."
Strict privacy: Recording requires notification and legitimate purpose. Works councils have co-determination rights over surveillance of employees.
For B2B calls: Notify the other party. For internal coaching of employees, consult works council.
GDPR applies: Must have legal basis (consent or legitimate interest). The CNIL (data authority) has issued guidance on call recording.
Requirements: Inform participants, document purpose, limit retention, provide access rights.
LOPD applies: Recording requires consent of all parties and must be declared to the data protection authority.
For sales: Notify at call start and document consent.
Asia Pacific
Federal: One-party consent under Telecommunications (Interception) Act.
States: Some states (Victoria, Western Australia) have additional requirements. Victoria requires all parties to consent for "private" conversations.
Best practice: Notify participants. "This call is being recorded for quality and training purposes."
Strict: The Interception of Communications Ordinance requires consent of all parties to intercept communications.
Workaround: Obtain consent before recording or use call recording features in compliant software.
Permissive: You can record if you are a participant without notifying others.
Best practice: Notify anyway for transparency and trust.
IT Act: Allows interception with reasonable restrictions. For business coaching, notify participants.
Compliance: Inform all parties, obtain consent if storing transcripts.
Canada
PIPEDA: One-party consent is sufficient, but you must inform parties. This is practically required.
Provincial laws: Quebec has stricter consent requirements under its privacy act.
Act Respecting the Protection of Personal Information: Requires consent of all parties to record conversations.
Workaround: Obtain verbal consent at the start of the call.
Best Practices for All Jurisdictions
1. Always Notify
The simplest and safest approach is to always inform call participants that you're using a coaching tool:
- "This call may be monitored, recorded, or analyzed for coaching and quality assurance purposes."
- Add this to your email signature: "Please note: Calls may be monitored for coaching purposes."
- Use meeting software that has built-in notification features
2. Document Consent
- Keep records of when you notified participants
- For B2B, include consent language in contracts or terms
- For inbound calls, use pre-call announcements where possible
3. Minimize Data Retention
- Only enable transcript storage if you need post-call analysis
- Set automatic deletion for old transcripts
- Anonymize data for aggregate insights
4. Train Your Team
- Ensure all users understand consent requirements
- Document your organization's call recording policy
- Provide scripts for notifying participants
When Unsure, Consult an Attorney
Call recording laws are complex and change frequently. If you're operating in regulated industries (financial services, healthcare, legal) or across multiple jurisdictions, work with legal counsel to develop a compliant policy.
Questions?
For questions about this guide or blinkq's approach to compliance, contact us:
Email: legal@blinkq.app
Documentation: See our Privacy Policy and Terms of Service for more details on how we handle your data.