Can my employer record my calls on the business land lines without advising me or the other party on the line?

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Can my employer record my calls on the business land lines without advising me or the other party on the line?

Asked on September 6, 2012 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, your employer may not do this. Maryland is an "all-party" (sometimes call "two-party") consent state. This means that each person ON THE CALL must consent, or agree, to the recording. Without notice of recording, there can be no consent. So even though its your employer's phone line, it cannot record the call unless you and the other person are both aware of the recording and consent, at least implicitly, to it. (Consent could be found from continuing the call after being advised of the recording; and, of course, your employer could make it a condition of your job that you consent to recording, leaving only the consent of the other party in question.)


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