Encryption information:

The Truelog system uses an industry standard encryption process with a proprietary encryption key, together with the insertion of regular “checksum” values within the files.

This ensures that the modification of even a single bit within a file is immediately detected and also prevents any unauthorised party from being able to listen to the content of an encrypted recording file (this is a primary requirement of the POPI Act).

Telereference Systems (PTY) LTD can provide clients with an expert witness to attest to the validity of a recording.

The Legalities of Telephone Call Recording:

Under South African law, a telephone call recording is admissible as evidence if at least one of the participants in the conversation was aware that a recording was taking place.

The situation is analogous to that of a boardroom or similar meeting, where again only one of the participants needs to be aware that the proceedings are being recorded.

In the case where none of the participants is aware that a recording is taking place, this would be construed as eavesdropping, and the admissibility of a recording would be subject to the discretion of a court.

For the legal use of telephone call recordings in a business organisation, it is therefore sufficient that only your own members of staff be aware that a recording system is installed, and it is not necessary that external parties be advised.

In some cases however, it may be desirable to advise external callers as this may lead to improved accuracy of information provided. The banking industry provides an example of this strategy.

In conclusion, a simple memo issued to and acknowledged by all members of staff, serves to fully legalise the call recordings in any business.

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