Call Recording Legal Guidance regarding the legalities of recording your phone calls:
Please Note – The information provided below give public domain guidance and advice. As bills and by-laws change form time to time we recommend clients consult an attorney for current advice applicable to the recording or monitoring of telephone calls.
Call Recording legal legislation for authorised financial services providers and representatives as applicable to South Africa:
An extract from FINANCIAL ADVISORY AND INTERMEDIARY SERVICES ACT, 2002 (ACT NO. 37 OF 2002) regarding Voice Recording:
(2) (a) A provider must have appropriate procedures and systems in place to-
(i) record such verbal and written communications relating to a financial service rendered to a client as are contemplated in the Act, this Code or any other Code drafted in terms of section 15 of the Act;
(ii) store and retrieve such records and any other material documentation relating to the client or financial service rendered to the client; and
(iii) keep such client records and documentation safe from destruction.
(b) All such records must be kept for a period of five years after termination, to the knowledge of the provider, of the product concerned or, in any other case, after the rendering of the financial service concerned.
(c) Providers are not required to keep the records themselves but must ensure that they are available for inspection within seven days of the registrar’s request.
(d) Records may be kept in an appropriate electronic or recorded format, which are accessible and readily reducible to written or printed form.
(3) A provider may not disclose any confidential information acquired or obtained from a client or, subject to section 4(1), a product supplier in regard to such client or supplier, unless the written consent of the client or product supplier, as the case may be, has been obtained beforehand or disclosure of the information is required in the public interest or under any law.