Good News For Business Persons – The Dealings With Customers Now Permitted To Be Recorded

9. 9. 2016

As common practice has it, making either audio or video recording of a communication with a customer/client without their prior express consent and its subsequent use may be very problematic. On the 29 July, however, the Supreme Administrative Court (SAC) ruled recording the dealings without the consent (yet with the customer’s knowledge) may be recorded in situations which the business person fears a conflict or even an attack may take place in.

The verdict has been substantiated by the SAC stating the mere fact of the communication being recorded could produce a significant psychological effect on the potential aggressor resulting in a better control of their behaviour. Also, the recording may be later used in legal proceeding, should the matter be taken to court.

In this way, the SAC reacted to a cassation complaint lodged by ČEZ Distribution Services whose employees recorded their communication with an illegal gas and electricity consumer, who agreed at first but took back his statement later, which lead to the company being fined CZK 15,000 by the Office for Personal Data Protection. The verdict was confirmed by the Municipal Court in Prague.

The full text of the ruling in question (in Czech only) can be found here.

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