Join our Waitlist for Expert Advice!

Should You Allow Employees to Record Meetings? It may sound like a good idea to keep a digital record of your meetings, but it can lead to a host of problems.

By Dan Steiner Edited by Dan Bova

Opinions expressed by Entrepreneur contributors are their own.

Shutterstock

Businesses today are filled with smartphones. Employees use those smartphones to check email, make work-related calls, and research information they need to do their jobs. They may also snap photos and record video or audio, sometimes even without anyone even realizing it.

If you run a business, personal smartphone recordings could put you in a sticky situation. You want to encourage employees to freely use their devices, but you also have a responsibility to protect the privacy of your employees and customers. Here are a few things you should consider before making a decision about video and audio recordings in the office, particularly during meetings.

Related: Why Successful People Never Bring Smartphones Into Meetings

Benefits of recordings.

Audio recordings actually do have a valuable use in workplaces, especially during meetings where a great deal of important information will be shared in a short space of time. Today's tools let employees record information and save it or convert it to text for later reference. However, if for some reason a business has a legal issue, a recording could hurt a business's case. Even if you fully believe nothing illegal could happen in your workplace, it is possible that it could become an issue at some point.

One way to provide the benefits of an audio recording without the risk is to record proceedings yourself. You can use a transcription service or voice-to-text translation tool to provide a text-based version of everything that was discussed. This type of document is more effective than minutes, since it will describe everything that was discussed, rather than simply summarizing.

Related: 3 Mobile Apps for Converting Voice to Text

Legalities of recording meetings.

When it comes to recording in-person conversations, the law may give a business leader a great reason to set a policy. In most states, it is against the law to record an in-person conversation without getting the consent of at least one person. In eleven states, the person recording must get the permission of everyone involved. In the case of a group meeting, this means that everyone in the room who might be recorded must give permission before the recording can proceed. You should check with laws as they apply to your state and make a decision specific to each situation.

However, if the employee does request permission to record a meeting, an employer could be tasked with making a decision in front of a roomful of people. If there is a reason for the employee to record, such as a pending legal case, the request could bring attention to the issue, making things awkward for the employer. At any time, any person has the right to say "no" to the request to be recorded without explanation, but that doesn't mean an employer should do so. It's likely best to set an anti-surveillance policy first so you'll be able to refer back to that policy as a reason.

Related: The 'George Costanza Defense' to Stealing Trade Secrets

Setting policies.

An anti-surveillance policy can actually be a positive to the many employees who are increasingly concerned about the level of surveillance that appears to be a part of so many workplaces. State clearly that you value the privacy of your workers and want to ensure their safety. Your employees will see this as a protection of their rights. With a policy in place, chances are employees won't ask unless there are special circumstances that require it.

In some instances, however, the issue may be one of personal protection. An employee who has been accused of violating your workplace harassment policy may want to record a disciplinary meeting with HR. While consent to this is up to the individual organization, it could appear that you have something to hide by refusing. If you do consent to allow a recording in these instances, experts recommend making your own recording of the meeting for your own protection. Also before consenting, you should note the laws specific to your state. If you're in one of the eleven states where consent of all parties present is required, make sure each person states consent on the recording before the meeting begins.

Smartphones make it easy to record meetings and conversations for a variety of purposes. In the workplace, however, those recordings can lead to an invasion of privacy. There are instances where employees may feel they need to record a meeting and experts advise making a decision on those as they arise. By having a policy in place and taking measures to record meetings on your own when necessary, you'll be able to deal with most instances where employees would ask to record.

Dan Steiner

CEO of Elite Legal Marketing

Dan Steiner is an entrepreneur, Internet-marketing expert and author from San Luis Obispo, Calif. He currently serves as Co-Founder and CEO of Elite Legal Marketing, a company offering law firm web design and SEO for lawyers. He has been published in a number of media outlets, including HuffingtonPost, Inc and Yahoo, among many others.

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Business News

You Have One Month Left to Buy a House, According to Barbara Corcoran. Here's Why.

"If you are planning on waiting a year and seeing where interest rates go, you are out of your mind," Corcoran said.

Business News

Meta Fires Employee Making $400,000 Per Year Over a $25 Meal Voucher Issue

Other staff members were fired for the same reason, per a new report.

Business Ideas

63 Small Business Ideas to Start in 2024

We put together a list of the best, most profitable small business ideas for entrepreneurs to pursue in 2024.

Thought Leaders

These 3 Trends Will Change What It Means to Be an Entrepreneur in 2025

Here are three entrepreneurship trends from the new Global Entrepreneurship Monitor report that are changing the landscape for the future.

Side Hustle

I Made $14,000 in 1 Week With a Spontaneous Halloween Costume Side Hustle — Here's How

Sabba Keynejad was in art school when he started to refine his entrepreneurial skills.

Franchise

The McRib Is Back, But Only at Select McDonald's — Here's Where to Find It

This scarcity is nothing new. In 2022, McDonald's announced a "Farewell Tour" for the McRib, suggesting that it might be the last time customers could get their hands on it.