Which laws apply to recording a phone call?
Two layers of law apply. The federal Telecommunications (Interception and Access) Act 1979 says a person must not intercept a communication passing over a telecommunications system. Each state and territory also has its own listening or surveillance devices law. The OAIC's guidance for health service providers states that under these laws it is illegal to record a telephone consultation without telling the patient, and that the notice should come at the start of the call so the person can end it or ask not to be recorded. Giving that notice on every call is the practical approach for any business.
Is a transcript treated like a recording?
For privacy purposes, both can be personal information. The OAIC gives the example of a business recording calls to its enquiries line: a recording containing a person's voice may be that person's personal information where they are reasonably identifiable. A transcript or summary that includes a name, phone number and reason for calling identifies the caller just as clearly. So mention transcription in the greeting alongside recording, and handle transcripts with the same care as recordings: limited access, a set retention period and a clear deletion method.
Do callers have to be told they are speaking to AI?
The Australian Government's Guidance for AI adoption, published by the National AI Centre, says people should know when they are interacting with AI. Its example is a customer receiving services and information from a chatbot, who should know they are not dealing with a human specialist. This is guidance rather than legislation, but it matches what callers expect. A receptionist that lets callers believe it is a person creates a problem the first time it makes an obvious mistake. A short statement in the greeting avoids that.
What should the greeting say?
Keep it to one or two sentences, in plain words, before the receptionist asks anything. It should say who the caller has reached, that they are speaking with an automated receptionist, that the call is recorded or transcribed and why, and how to reach a person. Avoid legal language that callers will skip over. Read the greeting aloud on a real phone call, time it and cut anything a caller would not miss.
Example wording for a hypothetical business: 'Thanks for calling Harbour Plumbing. You're speaking with our automated receptionist, and this call is recorded and transcribed so the team can follow up. You can ask for a person at any time.'
What if a caller does not want to be recorded?
Decide this before launch, because the receptionist needs a scripted answer. The options depend on your platform: switch recording off for that call while keeping a written message, transfer the caller to a person, or offer another channel such as email or a callback. Whatever you choose, test that it actually stops the recording, rather than only changing what the receptionist says. Note the caller's choice in the message so staff do not ask again on the callback.
How long should recordings and transcripts be kept?
Keep them only as long as they serve a purpose you can name, such as resolving disputes, reviewing call quality or meeting a professional record-keeping rule. Set the retention period in the platform itself, not only in a policy document, and check that deleted calls are actually gone. Our guide to Privacy Act duties for AI receptionist call data covers storage, overseas disclosure and access requests in more detail. Before launch, ask the provider:
- Where are recordings and transcripts stored?
- Who at the provider can listen to or read them?
- Can retention be set differently for different types of call?
- Does deletion include backups and copies sent to other services?