Recording and consent

Recording a session in Nevada.

Nevada reads its telephone statute as needing every party to agree, while its in person statute is read more narrowly, so treat both as all party. That is Nevada Revised Statutes 200.620 and 200.650, and the sentence a practitioner says out loud before recording is the same one in every country on this site.

This is a plain summary, not legal advice. Laws change. If the answer matters to your business, check with a lawyer in your own country.

01The sentence

Say this, out loud, before anything else is said.

Say this before you start recording

I am going to record this session so I can write you a proper report afterwards. Is that all right with you?

It is the same sentence everywhere, because a specific disclosure followed by a direct question is what recording guidance favours over a vague notice, and because everybody in the session agreeing is safe in every jurisdiction on this site. What changes by place is who has to answer it.

02Who has to agree

In Nevada the rule is read both ways.

The statute Nevada Revised Statutes 200.620 and 200.650

Nevada splits its rule across two sections. Section 200.620 covers the recording of a telephone conversation and requires the consent of all parties, which the Nevada Supreme Court confirmed in Lane v. Allstate, a decision that surprised practitioners who had assumed a participant could record their own call. Section 200.650 covers surreptitious listening to a private in person conversation and is read more narrowly. A video call is a hard case between the two, which is exactly why Nevada belongs in the conservative column rather than in a footnote.

Ask on every call, and say the sentence before the client starts talking about why they booked. Nevada's telephone rule turns on consent of all parties to the call, and the person who joins last is a party to the call.

03A client under 18

What changes when the person in the session is a child.

Ask the parent or guardian where a client is under 18 and treat their answer as a condition of recording rather than as a preference. In Nevada the telephone rule is the strict one, and a coaching call with a teenager taken from a family car is a telephone conversation on any reading of the section.

04The data law

The recording is personal data under Nevada Revised Statutes chapter 603A.

Nevada has no comprehensive privacy act. Chapter 603A requires a business collecting personal information from residents to keep a privacy notice, to destroy records securely when it no longer needs them, and to honour a resident's request not to have their data sold. The destruction duty is the one that bears on recordings: holding audio past the point where you need it is the thing chapter 603A asks you not to do.

05What Slide Practice does

The audio goes as soon as the report is written.

At upload the practitioner confirms on screen that everyone in the session agreed. That confirmation is stored, and the footer of the report prints the date it was given.

Session audio is deleted as soon as the write-up is made. The stays with the , on the client's own page, and both are kept until the account is closed. Closing an account starts a 30 day window, at the end of which everything is deleted rather than archived.

Nothing is drafted from a recording until the practitioner has confirmed that everyone agreed, and nothing reaches a client until a person has read it. The whole of what is kept, and for how long, is on the security page and in the privacy policy.

06Where this came from

Two primary sources, and neither of them is us.

This is a plain summary, not legal advice. Laws change. If the answer matters to your business, check with a lawyer in your own country.