Employee Monitoring Law Planner
Sources

Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. chapter 57)

Law. Placed at Pennsylvania. Read 30 Sep 2026; 5 provisions cited by the planner.

What does 18 Pa.C.S. 5703 and 5704 require?

A person must not intentionally intercept, try to intercept, or procure another to intercept a wire communication (a telephone call over carrier facilities) unless a chapter 57 exception applies. Also cited: 5703(1), in-person conversations: record only with the prior consent of all parties where interception is not expected; 5703(1), electronic communications in transit: intercept only with the prior consent of all parties.

18 Pa.C.S. 5703(1)Phone calls: intercept or record only with the prior consent of all parties

A person must not intentionally intercept, try to intercept, or procure another to intercept a wire communication (a telephone call over carrier facilities) unless a chapter 57 exception applies. For a business or private person the general exception is 5704(4): all parties to the call have given prior consent. Penalty: third-degree felony.

What a reviewer asks to see: Inventory of call recording and monitoring touching Pennsylvania parties, with the consent route for each (announcement and continued participation, written consent, or a 5704 exception); Announcement script and configuration evidence covering inbound, outbound and transferred calls
Where monitoring plans usually fall short: Recording begins before the other party hears the announcement; Calls recorded under the federal one-party rule; Transferred calls recorded without a fresh announcement to the new party
Source: Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. chapter 57), read 30 Sep 2026
18 Pa.C.S. 5703(1)In-person conversations: record only with the prior consent of all parties where interception is not expected

A person must not intentionally intercept an oral communication, meaning words spoken with a justified expectation that they are not being intercepted, unless all parties have given prior consent (5704(4)) or another exception applies. For an employer this covers audio on CCTV, meeting and interview recording, and covert microphones.

What a reviewer asks to see: Register of audio-capable devices in Pennsylvania premises and vehicles with the consent or notice relied on; Interview recording procedure capturing each participant's consent on the recording
Where monitoring plans usually fall short: Audio recording in offices where employees reasonably expect privacy; Covert recording of a disciplinary meeting
Source: Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. chapter 57), read 30 Sep 2026
18 Pa.C.S. 5703(1)Electronic communications in transit: intercept only with the prior consent of all parties

A person must not intentionally intercept an electronic communication in transmission, such as chat, messaging or email content, unless all parties have given prior consent (5704(4)) or another exception, such as the provider or publicly accessible system exceptions, applies.

What a reviewer asks to see: List of tools capturing message or chat content in transit for Pennsylvania users, with the disclosure and consent obtained from each party; Website chat disclosure presented before the conversation starts
Where monitoring plans usually fall short: Third-party session replay or chat capture on a website without visitor consent
Source: Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. chapter 57), read 30 Sep 2026
18 Pa.C.S. 5704(15)Telemarketing and customer service monitoring: training, quality control or monitoring only, with one party's consent

Personnel of a business engaged in telephone marketing or telephone customer service may intercept those marketing or customer service communications only for the sole purpose of training, quality control or monitoring by the business, and only where one party to the communication has consented. Other monitoring of calls needs the consent of all parties.

What a reviewer asks to see: Statement of the marketing or customer service lines monitored and the training or quality purpose; Source of the one party's consent (for example the agent's written acknowledgement)
Where monitoring plans usually fall short: Exception relied on for internal or non-customer lines; Monitoring used for purposes beyond training or quality control
Source: Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. chapter 57), read 30 Sep 2026
18 Pa.C.S. 5704(15)Use monitored calls only for training or quality control and destroy them within one year

Communications recorded under the telemarketing and customer service exception may only be used by the business for training or quality control, and unless federal or state law requires otherwise must be destroyed within one year of recording.

What a reviewer asks to see: Retention schedule setting a one-year deletion for quality recordings, with deletion logs; Access rules limiting quality recordings to training and quality staff
Where monitoring plans usually fall short: Quality recordings kept indefinitely; Recordings used in disputes or discipline outside training and quality control
Source: Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa.C.S. chapter 57), read 30 Sep 2026

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