What kind of consent is required for call recording in Bangladesh?

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Call recording is a common practice in telemarketing, customer service, and quality assurance, but it involves handling sensitive personal data such as phone numbers and voice recordings. In Bangladesh, the legal framework surrounding call recording is influenced by the Digital Security Act 2018, the Information and Communication Technology Act 2006 (amended 2013), and the recently enacted Data Protection Act 2023. These laws, while evolving, emphasize protecting individuals’ privacy and ensuring lawful processing of personal data, including consent requirements for recording calls.

1. Legal Framework and Privacy Principles
Bangladesh currently does not have an explicit, detailed statute solely dedicated to call recording consent like some other jurisdictions. However, under the Data Protection Act 2023, any processing of personal data—including call recording—must comply with principles such as lawfulness, fairness, transparency, and purpose limitation.

The law requires organizations to obtain consent or demonstrate another lawful basis before collecting or processing personal data. Since call recordings contain personal data (including phone numbers, voice, and buy telemarketing data conversations), organizations must ensure proper consent mechanisms are in place to avoid violating privacy rights.

2. Type of Consent Required
Explicit Consent: The safest and most recommended approach under Bangladeshi law is to obtain explicit consent from the call participants before recording. Explicit consent means the person being recorded is clearly informed about the recording and provides affirmative agreement, either verbally or in writing.

Verbal Notification at Call Start: Many companies notify the caller at the beginning of the call that the conversation may be recorded for quality assurance, training, or legal compliance purposes. This notification serves as an implicit form of consent if the caller continues with the call after being informed.

Prior Notice and Opportunity to Object: The caller should be given clear, understandable notice about the recording and the purpose of data collection before recording starts. If the caller objects or does not consent, the recording should not proceed unless there is a legitimate exception.

3. Practical Implementation of Consent
Automated Announcements: Before connecting calls, telemarketing or customer service systems often play an automated message such as:
“This call may be recorded for quality and training purposes. If you do not consent, please hang up.”

Informed Consent on Websites or Apps: For calls initiated through online platforms, explicit consent can be obtained through terms of service or consent checkboxes that explain call recording policies.

Documenting Consent: It is important to document or log consent, especially if disputes arise, to demonstrate compliance with data protection regulations.