> ## Documentation Index
> Fetch the complete documentation index at: https://docs.orbit.devotel.io/llms.txt
> Use this file to discover all available pages before exploring further.

# Call Recording Consent

> Per-jurisdiction guidance for lawful call recording, and how Orbit enforces consent announcements on inbound and outbound voice

# Call Recording Consent

Recording a phone call without proper notification is a criminal
offence in most jurisdictions where Orbit operates. This page is the
canonical reference for which jurisdictions require one-party,
all-party, or explicit-consent recording, and how Orbit's voice
platform helps you comply.

<Warning>
  This page describes Orbit's platform controls. It is **not legal
  advice.** Recording law varies by call destination, caller location,
  call purpose, and industry (healthcare, finance, and debt
  collection carry sector-specific overlays). Confirm your obligations
  with qualified counsel before launching a recording program.
</Warning>

***

## How Orbit enforces consent

Every voice number on Orbit carries a per-organization
**recording-consent policy** configured under **Voice → Calls →
Recording settings**. The policy is a **two-axis** model and is
persisted in org settings under
`settings.recording.{eligibility_mode, consent_announcement_mode}`.
The two axes are orthogonal: eligibility decides *which* calls are
captured, while the announcement mode decides *how* participants are
notified.

### Axis 1 — `eligibility_mode` (which calls auto-record)

| Mode            | Behaviour                                                             |
| --------------- | --------------------------------------------------------------------- |
| `manual`        | No call is recorded by default. Operators must opt in per call.       |
| `inbound_only`  | Records calls received by your team. Outbound calls are not recorded. |
| `outbound_only` | Records calls placed by your team. Inbound calls are not recorded.    |
| `all_calls`     | Every inbound and outbound call is recorded automatically.            |

### Axis 2 — `consent_announcement_mode` (how participants are notified)

| Mode              | Behaviour                                                                                                                                                                                                                                                                                                                                       |
| ----------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| `none`            | No announcement is played. Use only when recording is disabled, or when you operate an external consent process yourself. **Auto-recording with `none` warns the operator that two-party-consent laws may be violated.**                                                                                                                        |
| `announce_caller` | Plays the consent announcement to the caller only. The other leg dials without an announcement.                                                                                                                                                                                                                                                 |
| `announce_all`    | Plays the consent announcement to every party on every call — inbound, outbound, and on agent transfer. **Required for all two-party-consent jurisdictions.**                                                                                                                                                                                   |
| `dual_channel`    | **Reserved — not yet implemented.** Independent per-leg consent (each channel captured and notified separately) is planned but not live. Selecting it today plays the same single pre-connect announcement as the other `announce_*` modes and does **not** notify legs independently — use `announce_all` for two-party-consent jurisdictions. |

<Warning>
  Selecting any `eligibility_mode` other than `manual` while
  `consent_announcement_mode` is `none` surfaces an in-app warning,
  because auto-recording without an announcement may violate
  two-party-consent laws. Pair an auto-record eligibility with an
  announcement mode unless you have a documented external consent
  process.
</Warning>

The announcement itself can be either a TTS string (read out by
Cartesia or ElevenLabs in the org's default voice) or a URL to a
`.wav` / `.mp3` file in GCS or any reachable HTTPS endpoint. By
default this announcement plays once, before the call connects to the
human or agent leg. Two later events — pausing and resuming a
recording, and joining a recorded conference — add a further mid-call
disclosure on top of that pre-connect announcement. See
[Mid-call disclosures](#mid-call-disclosures) below.

<Note>
  Recording is captured at the **org level** through Orbit's
  media-egress pipeline (`orbit-media-egress`). The pre-connect
  announcement plays *before* the call connects and before recording
  starts, so if the caller hangs up during the announcement, no
  recording is captured and no per-minute recording cost is billed.
  Pausing and resuming a recording, or admitting a participant into a
  recorded conference, can trigger an additional disclosure during the
  call — see [Mid-call disclosures](#mid-call-disclosures).
</Note>

### Mid-call disclosures

The pre-connect announcement is the default, single notification. Two
events add a second consent touch-point during a live call, both
governed by the same org recording-consent policy.

**Pause and resume.** When you pause a recording and later resume it
with `POST /voice/calls/{id}/recording/pause` and
`POST /voice/calls/{id}/recording/resume` (see
[Operator obligations](#operator-obligations)), Orbit plays a short
spoken notice to the parties announcing that recording was paused or
resumed. This disclosure plays only when consent enforcement is on and
the call falls under an all-party-consent posture; one-party calls
that already heard the start-of-call notice are not interrupted again.
The pause and resume text can be overridden per org and is localized
to the org's primary language.

**Joining a recorded conference.** When a participant joins — or is
transferred — into a conference that records with per-participant
consent, that participant hears their own consent prompt as they enter
and presses a key to grant or decline. The prompt is played to the
joining party only, not to the whole room, and that participant's
audio is held out of the recording until they respond — so a leg is
never mixed in without a recorded consent decision. If the room's
consent posture cannot be determined, Orbit prompts anyway and holds
the leg, rather than including a participant by omission.

***

## Jurisdiction matrix

The matrix below summarises the prevailing rule per region. Where a
country has subnational variation (US, Canada, Australia), the
strictest in-scope state's rule applies if you route to that
jurisdiction.

The **Orbit announcement mode** column refers to the
`consent_announcement_mode` axis; choose your `eligibility_mode`
separately based on which calls you intend to capture.

| Region                                                                 | Rule                                                                                            | Orbit announcement mode      |
| ---------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------- | ---------------------------- |
| United States — federal                                                | One-party consent (18 U.S.C. § 2511)                                                            | `announce_caller` minimum    |
| United States — CA, CT, DE, FL, HI, IL, MA, MD, MT, NH, OR, PA, VT, WA | **All-party consent** by state statute                                                          | `announce_all` required      |
| United States — other 36 states                                        | One-party consent suffices                                                                      | `announce_caller` acceptable |
| European Union                                                         | GDPR Art 6 lawful basis + ePrivacy Art 5(1) — explicit consent or another documented basis      | `announce_all` recommended   |
| United Kingdom                                                         | UK GDPR + PECR + RIPA — broadly mirrors EU posture                                              | `announce_all` recommended   |
| Canada — federal (PIPEDA)                                              | Implied consent acceptable for QA with clear notice; explicit consent for marketing             | `announce_all` recommended   |
| Canada — Quebec (Law 25)                                               | Stricter than PIPEDA; treat as explicit-consent                                                 | `announce_all` required      |
| Australia — ACT, QLD, SA, WA                                           | One-party consent                                                                               | `announce_caller` acceptable |
| Australia — NSW, VIC, TAS, NT                                          | All-party consent under state Surveillance Devices Acts                                         | `announce_all` required      |
| UAE, Saudi Arabia, Korea, Turkey, India                                | Treat as all-party / explicit consent — unauthorised recording is criminal in most cases        | `announce_all` required      |
| Brazil (LGPD), Argentina, Chile                                        | Explicit consent + documented lawful basis                                                      | `announce_all` required      |
| Any other jurisdiction                                                 | Operator's responsibility to verify; default to `announce_all` until counsel confirms otherwise | `announce_all` (default)     |

<Tip>
  When in doubt, set the policy to `announce_all`. The announcement
  is brief (typical 5–8 seconds for "This call may be recorded for
  quality and training purposes"), customer-service trained, and
  legally defensible across every jurisdiction Orbit supports.
</Tip>

***

## Per-region detail

<AccordionGroup>
  <Accordion title="United States — federal vs. state">
    Federal wiretap law (18 U.S.C. § 2511) permits recording when at
    least one party to the call consents — and the recording party
    counts as that one party. Fourteen states layer an
    all-party-consent requirement on top: **California, Connecticut,
    Delaware, Florida, Hawaii, Illinois, Maryland, Massachusetts,
    Montana, New Hampshire, Oregon, Pennsylvania, Vermont,
    Washington**. The applicable rule is determined by where the
    parties are physically located at the time of the call, not the
    location of the carrier or the dashboard operator. If any party
    is in an all-party state, that state's rule governs.

    Industry overlays: **HIPAA** (treat call audio as PHI when it
    discusses health), **PCI DSS** (do not record DTMF tones that
    capture card numbers — use Orbit's PCI mask feature), **FDCPA /
    TCPA** (debt collection and telemarketing have additional
    notice requirements beyond recording consent).
  </Accordion>

  <Accordion title="European Union / United Kingdom">
    Under **GDPR Art 6**, recording requires a documented lawful
    basis (consent, contract performance, legitimate interest,
    legal obligation, etc.). **ePrivacy Directive Art 5(1)** layers
    on a confidentiality-of-communications requirement that, in
    most member-state implementations, is read as requiring
    explicit notification before recording starts. The UK applies
    the equivalent regime via UK GDPR, PECR, and RIPA.

    The pragmatic posture: play the announcement to every party
    (`announce_all`), keep a record of the legal basis (`consent`,
    `legitimate_interest`, etc.) in your CRM, and ensure the
    customer can request access or deletion of recordings via your
    GDPR data-subject-rights process. Orbit's retention policy
    (configurable per channel under **Settings → Compliance →
    Retention**) lets you auto-delete recordings after a fixed
    window.
  </Accordion>

  <Accordion title="Canada">
    **PIPEDA** (federal, applies to commercial activity) treats
    recording as a collection of personal information and requires
    knowledge and consent at the time of collection. For
    quality-assurance recording with a clear, prominent notice at
    the start of the call, regulators have accepted **implied
    consent**. For marketing or sales-evaluation recording,
    **explicit consent** is the safer posture. **Quebec's Law 25**
    (in force since 2023) is stricter than PIPEDA and is best
    treated as an explicit-consent regime.
  </Accordion>

  <Accordion title="Australia">
    Recording is governed by state Surveillance Devices Acts, not
    federal law. **ACT, QLD, SA, and WA** are one-party-consent
    jurisdictions. **NSW, VIC, TAS, and NT** require all-party
    consent. The Telecommunications (Interception and Access) Act
    1979 (Cth) also prohibits intercepting a call in transit
    without a warrant, but does not generally restrict consensual
    recording by a party to the call.
  </Accordion>

  <Accordion title="Other regions — default to announce_all">
    UAE, Saudi Arabia, Korea, Turkey, and India all treat
    unauthorised recording as a criminal offence under their
    respective penal or telecommunications codes. Brazil's LGPD,
    Argentina's Personal Data Protection Act, and Chile's Law
    19.628 all require an explicit lawful basis plus notice. For
    every region not separately listed above, treat the default as
    `announce_all` plus documented consent capture, and confirm
    with local counsel before routing production traffic.
  </Accordion>
</AccordionGroup>

***

## Operator obligations

Orbit gives you the controls; the obligations remain yours.

<CardGroup cols={2}>
  <Card title="Choose the strictest applicable rule" icon="shield-check">
    If your call may traverse a jurisdiction with all-party-consent,
    configure `announce_all` for the entire org — not just for
    numbers serving that region. Cross-jurisdictional liability is
    determined by the strictest state on the call.
  </Card>

  <Card title="Document your lawful basis" icon="clipboard-list">
    For GDPR / LGPD / PIPEDA destinations, keep a record per
    contact of which lawful basis applies and how it was captured.
    Orbit's contact custom fields can store this; export them
    quarterly to your compliance system.
  </Card>

  <Card title="Honour deletion requests" icon="trash">
    GDPR Art 17, CCPA, and Quebec Law 25 give data subjects the
    right to request deletion of their recordings. Orbit exposes
    a per-contact delete endpoint and a retention-policy scheduler.
    Build the request flow into your support process.
  </Card>

  <Card title="Mask sensitive audio" icon="microphone-slash">
    Pause recording before capturing card numbers, full SSNs, or
    health-screening responses, then resume onto the same recording
    file. Orbit exposes `POST /voice/calls/{id}/recording/pause` and
    `POST /voice/calls/{id}/recording/resume` for PCI- and HIPAA-scope
    flows; each paused window is stamped onto the call's audit timeline
    (`call.recording.paused` / `call.recording.resumed`) so a reviewer
    can prove exactly which seconds were excluded from the stored media.
  </Card>
</CardGroup>

***

## Where to configure

* **Per-org default:** **Voice → Calls → Recording settings**. This
  picks the eligibility mode (`eligibility_mode`), the announcement
  mode (`consent_announcement_mode`), and the TTS / audio URL. It is
  the policy that governs every call unless a narrower control below
  overrides it.
* **Per-inbound-route override:** **Numbers → \<select number> →
  Inbound routing → Advanced behavior → Recording mode**
  (`off` / `all` / `inbound` / `outbound`). A route left on its
  default inherits the org eligibility mode; an explicit value wins
  for calls that hit that route — useful when one DID serves a
  stricter jurisdiction than the org default.
* **Per-agent:** **Agents → \<agent> → Voice → Safety & Limits →
  Disable call recording**. When enabled, that agent never starts a
  recording egress even if recording is enabled org-wide — use it for
  unrecorded agent personas (e.g. PCI-scope payment flows).

Changes take effect on the next call. Historical recordings retain
the consent policy that was active at the time they were captured;
the audit log records both the policy and the announcement payload
for every recorded call.

***

## Related references

* [HIPAA Compliance](/compliance/hipaa) — PHI handling for recorded
  healthcare calls.
* [PCI DSS](/compliance/pci-dss) — PCI scope and DTMF masking.
* [SOC 2 Controls](/compliance/soc2-controls) — recording-access
  audit controls.
* [Emergency Calling](/voice/emergency-calling) — why 911 / 112 /
  999 / 000 are blocked and what callers should do instead.
