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Denmark: Datatilsynet adjust guidance on recording of telephone conversations
On April 3, 2024, the Danish data protection authority (Datatilsynet) announced that it had made adjustments to its guidance on the recording of telephone conversations, which was originally published in November 2020, in light of recent European developments.
The Datatilsynet highlighted that before the adjustment, the guidance stated that unless there were special circumstances, the recording of telephone conversations for educational purposes required consent from data subjects. Additionally, the guidance outlined the conditions that must be met for telephone conversations to be recorded for documentation purposes.
Due to recent European developments, the Datatilsynet stated that it is now of the opinion that the recording of telephone conversations can take place without the need for data subject consent if the data subject can opt out of the conversation being recorded either prior to the call (by pressing a key) or in connection with the call. The Datatilsynet also stated that there are no changes to the ability to record telephone conversations for documentation purposes.
You can read the press release here and the amended guidance here, both only available in Danish.
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