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Asking For Consent Before You Capture A Note

This page is provided for informational purposes only and does not constitute legal advice; please consult a qualified legal professional for guidance specific to your circumstances.

When you use Blinq's AI Notetaker, you're recording and transcribing a real conversation with real people, whether that's in person or on a call. In many places that's only lawful if everyone involved has agreed, and getting that agreement is also a requirement of Blinq's Terms & Conditions and Privacy Policy. This guide shows you how to do it properly.

You are responsible for getting consent from everyone you speak with while capturing a Note. Blinq provides the tool, but the consent is yours to get.


The one rule that matters most

Get a clear, spoken "yes" from everyone before you start.

People talk more openly when they know what's happening, and in many places, getting that agreement is also the law. Starting a Note is not consent. A nod, silence, or someone simply carrying on talking is not consent. You need each person to actively agree before you begin. If you're not sure everyone has said yes, don't start.

The simplest way to make your consent solid: ask on the recording itself. When you ask out loud, capture their "yes," and only then continue, that "yes" is both your consent and your proof. This is the best-practice default — and it's essential anywhere that requires everyone's consent (see below).


What you're actually capturing

It's hard to ask for meaningful consent if you can't say what you're capturing:

  • AI Notetaker records audio of your conversation.

  • It uses AI to transcribe and summarise that audio into a Note.

  • The transcript and summary are stored in your Blinq account.

  • Your notes are private to you, unless you choose to share them with others.

What happens to the audio depends on how you captured it:

  • On calls: no audio is kept. The audio is deleted as soon as the call is transcribed. Blinq keeps no call recording and there's no playback. You keep only the written transcript and summary, until you choose to delete them.

  • In person: audio is kept for 30 days. The recording is stored for 30 days and then automatically deleted; the transcript and summary stay on your account until you delete them.


When to ask

Ask before you start, never partway through or after the fact. Consent can't be applied retroactively. The moment is when you reach for your phone, or at the very start of a call, before you get into the substance.

  • In person, one-on-one. A quick line as you open the Blinq app is enough.

  • In person, group conversation. Make sure everyone in earshot has heard you and agrees. If someone joins partway through, pause and get their agreement first. At busy events, point your phone at the people who've agreed, not passers-by who haven't.

  • On a call. Ask out loud at the start and let them answer — their spoken "yes" is part of the conversation, so it's captured automatically.


What to say

Short, specific, and in your own voice works better than a formal script. The key is that it's a question, and you wait for a clear yes. In person, include the word "record" and a mention that it's AI — that's what makes the consent clear. On a call, you can frame it as transcribing or taking notes (as in the example below).

In person — client or prospect meeting:

"Before we get into it, I'd like to record this with Blinq's AI Notetaker so I can follow up properly. It transcribes and summarises our chat. Are you okay with that?"

In person — event or quick networking chat:

"I want to make sure I remember the details of this, do you mind if I record our chat using Blinq's AI Notetaker? It writes up a summary afterwards."

In person — longer or more personal conversation:

"This is important to me and I want to remember what you say without taking notes the whole time. Is it okay if I record this with Blinq's AI Notetaker? I'm happy to share the transcript and summary with you afterwards."

On a call:

"Before we dive in, I use a tool that transcribes calls with AI so I can follow up accurately. Are you happy for me to do that on this one?"

Two things worth doing every time:

  • Offer to share the output. It signals the Note is for both of you, not something done to them. Share it securely as once you send a copy, you no longer fully control it.

  • Tell them they can change their mind. People agree more readily when they know they can withdraw, and in many places, that's their right, not just a courtesy.


On calls: turn on the automatic message

In settings you can switch on a short message that plays at the start of the call:

"Blinq's AI Notetaker is transcribing this call."

We recommend turning it on as it's a clear, consistent heads-up. But it's a backstop, not the consent itself: it tells the other person what's happening; it doesn't capture their agreement. You still need to ask and get a spoken "yes."


A note on sensitive conversations

Some conversations carry extra weight. Anything touching health, finances, legal matters, or other sensitive personal details, and any conversation involving children. Be especially thoughtful about whether to capture a Note at all in those situations, and don't capture conversations with minors. If you regularly capture this kind of content for work, check with your legal or privacy team first.


If someone declines or changes their mind

If they say no upfront, don't capture the conversation. If they decline mid-conversation, or come back later and ask you to delete:

  1. Tap End on the Note straight away (if it's still running).

  2. Open the Note from the Notetaker tab and delete it. Deletion is permanent and removes the audio (where any exists) along with the transcript and summary.

  3. Let them know it's been deleted.


Where the rules are stricter

Recording laws vary by country and often by state or province. Some places require everyone to agree before recording starts ("all-party" or "two-party" consent); others only require one person, usually you ("one-party consent"). Many jurisdictions also have specific rules around AI transcription, retention, sharing, and the recorded person's right to access or delete.

Calls add a wrinkle: they cross borders in a way in-person conversations don't, and the law where the other person is can apply, not just where you are. Calling into an all-party state like California from elsewhere can pull you under that stricter rule. When a call crosses a state or national line, default to everyone's agreement.

We strive to keep this up to date, but laws change and we can't track every nuance. Nothing here is legal advice. As a guide:

United States

United States — Federal law allows recording with one party's consent, but these states require everyone's:

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington. (This list can change — when in doubt, ask everyone.)

Australia

Australia — A party may record without separate consent in Victoria, Queensland and the Northern Territory (sharing it outside the call is still restricted). NSW, South Australia, Western Australia, Tasmania and the ACT generally require everyone to consent, with only a narrow "lawful interests" exception. This covers telephone conversations.

European Union

European Union

European Union — Each member state sets its own rule, so treat these as indicative and confirm with local counsel. Some follow one-party traditions (e.g. Ireland, Denmark, Netherlands); others require all parties or strongly restrict covert recording (e.g. France, Germany, Spain, Italy, Poland), where secretly capturing a private conversation can be a criminal offence even if you're on the call. The ePrivacy Directive (2002/58/EC) protects communications and operates alongside GDPR. Always get clear, explicit consent before capturing anywhere in the EU.

United Kingdom

United Kingdom

United Kingdom — No blanket "two-party" rule for your own conversation: you can generally record your own calls for personal use without telling the other person. But sharing the transcript (posting it, sending it on, or using it for business) needs a lawful basis under UK GDPR — usually their consent. Different rules apply at work. Ask first.

If you're not sure where you stand: default to asking everyone, get the "yes" on the record at the start of the Note, and when in doubt, don't. A Note isn't worth a legal problem.


The bottom line

Ask at the start, wait for the yes, and let it be captured in the conversation. That's your consent and your protection.


FAQ

Do I need to ask if I'm the only one talking?

If you're using AI Notetaker as a dictaphone for your own thoughts, recording-consent rules generally don't apply. But anything you dictate about other people is still their personal data so handle it with the same care.

What if I'm at a public event and capturing my own side of a conversation?

You're still capturing the other person's voice, so the same rules apply. Ask first.

Can Blinq automatically ask for consent for me?

Not currently — that keeps the disclosure in your hands, in your own words. (On calls, the optional automatic message is a heads-up, not consent.)

Where can I read Blinq's full privacy policy?

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