QQuestions:
While it is legal to monitor consulting phone calls from the public, given the public and the employees are properly notified, is it legal if the monitoring is run only to know whether there is [internal] data leakage?
AReply

While monitoring consulting phone calls from the public to maintain employees' service quality is legal, an employer must let employees and the public know that their calls are monitored. For example, a voice reminder (e.g., to maintain good service, your phone call may be recorded) may be played as the incoming calls are answered, or mark those phones that are being recorded or monitored with reminder labels. Recording phone calls in workplace is different from monitoring those on private premises. However, monitoring employees' phone calls is something done in workplaces, the purpose of which is other than intruding on employees' privacy. In such matters, employers must comply with the principles of fairness, legality and transparency. Personal data collection from the employees should be kept to a bare minimum. In general, such monitoring should avoid employees' privacy. The PDPB recommends that employers avoid recording employees' intra-institution phone conversations. Besides, prior to collecting personal data from the employees, personal data collection statement should be made, explaining the collection purposes, whereabouts of the monitoring devices and purposes of monitoring, among other things. Employers should review the recorded data from the monitoring devices in the presence of the employees, except in criminal and disciplinary procedures.

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