When a debt collection company employee calls a debtor, must they inform them that the telephone conversation is being recorded?

ANSWER

A debt collection company recording telephone conversations should inform the caller that the conversation is being recorded. It already has a legal basis for processing the personal data of the person it contacts and, on that basis, is only implementing a particular means of processing personal data.

The need to obtain the data subject's consent to processing of personal data relates to the situation where the data subject calls the debt collection company and provides their data during that conversation — consent then gives the debt collection company as data controller a legal basis for processing personal data obtained during the conversation under Article 6(1)(a) GDPR.

In both cases the debt collection company is obliged to fulfil the information obligation. Since the information obligation should be fulfilled when data are collected under Article 13 GDPR or on first contact under Article 14 GDPR, it is advisable for the debt collection company to provide this information during the call. The person speaking may provide the content of the information obligation during the conversation, or, if the other party does not wish to listen, may indicate where the content can be found and reviewed, e.g. on the controller's website or by e-mail. However, a person contacting on behalf of the debt collection company should always have the content of the information obligation available to provide it if the person contacted requests to hear it.