Call recording

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I believe my calls continue to be recorded although I left the company. How can I know if my number is still monitored? Also, we had the premium plan, what all could have been viewed and or monitored?
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Joe

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Posted 3 months ago

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Jan Ferguson, Channel Partner, Champion

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Joe,

How can YOUR calls still be recorded if you are no longer with the company? Do you receive any calls from your "old" number? If not, then YOUR calls are not being recorded.

Regarding your second question...call logs, call recordings (if your company did that), fax transmission data, and the like could have been viewed. However there would be no way of knowing who or when it was viewed, or even if it was. This data is only retained for a set amount of time by RIngCentral as well. You can see that information here:
https://success.ringcentral.com/articles/RC_Knowledge_Article/2178?_ga=1.54795628.613183690.14873050...

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Jan Ferguson, Channel Partner, Champion

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As a side note to your second question, there is plenty of case law which allows employers to monitor and view employee communications. Here are some excerpts from web sites dedicated to that question:

Telephone Monitoring

In most instances, employers may listen to your phone calls at work.  For example, employers may monitor calls with clients or customers for reasons of quality control. However, when the parties to the call are all in California, state law requires that they be informed that the conversation is recorded or monitored by either putting a beep tone on the line or playing a recorded message.   Federal law, which regulates phone calls with persons outside the state, does allow unannounced monitoring for business-related calls. See Electronic Communications Privacy Act, 18 USC 2510, et. seq.

An important exception is made for personal calls. Under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. (Watkins v. L.M. Berry & Co., 704 F.2d 577, 583 (11th Cir. 1983)) However, when employees are told not to make personal calls from specified business phones, the employee then takes the risk that calls on those phones may be monitored.

Mobile Devices

Can my employer monitor my employer-provided mobile phone or device?

Under most circumstances, your employer may legally monitor your usage of an employer-provided mobile phone or device.  Monitoring apps can secretly record your text messages, email, Internet usage, location, contacts, call logs, photos and videos. 

What are my rights if I use my own mobile device for work purposes?

Some employers allow employees to use their own personal mobile devices for work purposes, either instead of or in addition to employer-provided devices.  This is often referred to as bring your own device (BYOD).  BYOD programs pose great challenges in balancing the security of employer data and protecting employee privacy.  

BYOD policies may appear in a BYOD agreement,  employment contract, orientation materials, employee manual, when an employee decides to use his device, or when the employee installs an employer’s mobile device management (MDM) software on his/her own device. It is important for employees to read an employer's BYOD policy before participating in a BYOD program, and to ask questions. 

The law concerning employee rights when they use their own devices is emerging as more employees use the same mobile devices for both work and personal purposes.  This means legal issues are less likely to have clear cut answers.  For a more complete discussion of these issues, see PRC's guide Bring Your Own Device . . . at Your Own Risk.

What can my employer do with access to my BYOD device?

This would depend upon the BYOD agreement (or other BYOD policy documents) provided by your employer and the specific software being utilized.  Potentially, an employer could:

  • Lock, disable or wipe the employee’s personal device or delete any and all data contained on the phone.
  • Access the device
  • Access phone records or contacts
  • Access to social media or other account username and passwords
  • Monitor GPS and location information
  • View Internet browsing history
  • View pictures, video, or other media
  • View personal emails
  • View chat and messaging histories   

Are my text messages on an employer-provided phone private?

In City of Ontario v. Quon (2010), the Supreme Court unanimously upheld the search of a police officer's personal messages on a government-owned pager, saying it did not violate his constitutional rights. The warrantless search was not an unreasonable violation of the officer’s 4th Amendment rights because it was motivated by legitimate work-related purposes.

The city obtained a transcript of Quon’s messages during an investigation to determine whether officers were using their pagers for personal messages. The transcripts showed that Quon had been exchanging sexually explicit messages. The Court’s decision generally allows government employers to look at workers' electronic messages if employers have reasonable, work-related grounds.

The privacy issue in City of Ontario v. Quon involved a government intrusion into personal communications, that is, whether or not the 4th Amendment applied to the electronic communications of public employees. The 4th Amendment would not apply to a private employer. However, the decision could have an impact on future court decisions involving private employers.

There is one important lesson to be had from the Quon case: An employer’s policy regarding monitoring need not specify every means of communication subject to the policy. As an employee, you should assume that any electronic device provided by an employer may be subject to monitoring, whether or not such a device is specifically mentioned in a written policy.


The above information was copied verbatim from a topic titled Workplace Privacy and Employee Monitoring on this web site (link below):
https://www.privacyrights.org/consumer-guides/workplace-privacy-and-employee-monitoring


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Joe

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Thank you for the responses. So, when I was at the company I was the executive director. We required unlimited faxing and the only option to have that was Ring central premium, which we got. Not knowing it had other capabilities, I had a staff member install it. We had just one number with different extensions. Eventually I started realizing people knew things they shouldn't. After much, much investigation I determined my conversations were being recorded. Now that I have left I've been noticing a tone towards the beginning of my calls, which caused me to conclude that my calls are still being monitored. I'm not sure how, but I believe"presence" is still on my phone. With this additional information can you make a recommendation. Thanks.
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Jan Ferguson, Channel Partner, Champion

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You don't say which "phone" you are talking about....desk phone, mobile app on your iPhone or Android? But that just doesn't make any sense. If you are no longer with the company and presumably don't have either that desk phone or a mobile app installed on your mobile phone...how can you still be recorded?

You also don't say whether you are still using your RingCentral number, although I assume you are not if you are no longer with the company. Again, another reason why the company wouldn't be able to monitor you.

Presence is generally used to monitor a person's status on the system. It can be used in a Call Monitoring Group to monitor a person's conversation if it has been set up correctly and people have been given permission to do such. But in that case you wouldn't hear the tone either unless both you and the party you are speaking with also hears it.

Again, however...if you are no longer on the company's RIngCentral system (which you didn't state one way or another), it would be impossible for them to monitor you.