Records calls, in Pennsylvania

196 A.3d 1036 (Pa. 2018)

• Applies to an employer that stores its employees' sensitive personal information on an internet-accessible computer system.
• Exercise reasonable care to safeguard that information: the Supreme Court of Pennsylvania held, on review of an order sustaining preliminary objections in the nature of a demurrer, that such an employer has a legal duty to do so.

18 Pa.C.S. §§ 5703, 5704(4), 5725 · Read the law's page

• Do not intercept, disclose or use the contents of a wire, electronic or oral communication unless every party has given prior consent or another exception in section 5704 applies; outside law enforcement, being a party to the communication is not an exception.
• If your website loads a third-party script that routes a visitor's communications to the vendor's servers, get the visitor's prior consent; it is no defense that the visitor communicated directly with those servers, and consent may be implied only where the visitor knew or should have known of the interception.
• If you record telephone marketing or customer service communications for training, quality control or monitoring, have one party's consent, use the recordings only for training or quality control, and destroy them within one year unless federal or State law requires otherwise.
• The rule covers a telephone call and any electronic communication, including what a visitor sends through a website; it covers an in-person oral communication only where the speaker expected, in circumstances justifying the expectation, that it would not be intercepted.