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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. 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. You're part of the conversation too, so by capturing a Note you're also agreeing to it being recorded and shared on these terms, and it's your responsibility to get that same agreement from everyone else.


What consent needs to cover

You are responsible for getting the agreement of everyone in the conversation before you start recording. Blinq provides the tool; the consent is yours to obtain.

Your agreement needs to cover two things:

  • that the conversation is being recorded, and

  • that the recording is shared with Blinq and the service providers Blinq uses to transcribe, summarize and store it, in accordance with Blinq’s Privacy Policy and Terms & Conditions.

Make sure the other person understands they’re agreeing to both, not only to being recorded.

Consent has to be obtained before recording starts. It can’t be applied after the fact.

Many people find it useful to ask out loud at the start of the Note, so the agreement is captured in the recording itself. What’s legally required depends on where you are. See “Where the rules are stricter” 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 (including trusted third-party providers) to transcribe and summarise that audio into a Note.

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

  • The audio is kept for a limited period that depends on the account's plan, and is then deleted automatically. The transcript and summary stay until you delete them.

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

  • By using AI Notetaker, you also consent (as the account holder) to Blinq recording, transcribing, summarising, storing and sharing your Notes with you, Blinq and its third-party providers, in accordance with Blinq's Privacy Policy and Terms & Conditions. This is in addition to the consent you must obtain from everyone else in the conversation.

How long the audio is kept depends on your plan:

  • On a free plan, the recording is deleted 90 days after it was captured. On a paid plan, it's kept for as long as your subscription is active. If a paid account moves to a free plan, the audio is deleted 30 days after that change. In every case, deleting the Note deletes the audio straight away. 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, 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.


What to say

There’s no required wording, and the right thing to say depends on the conversation and on where you are. As an example, some people find something like this works:

“Before we get into it I’d like to record this with Blinq’s AI Notetaker so I can follow up properly. It’s transcribed and summarized by Blinq's service providers, and I’m happy to share the write-up with you. Are you okay with that?”

Two things worth doing:

  • Offer to share the output. It signals the Note is for both of you. Share it securely. Once you send a copy, you no longer fully control it.

  • Tell them they can change their mind. In many places that’s their right, not just a courtesy.


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.

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, subject only to limited, narrow exceptions. This covers telephone conversations.

European Union

European Union — Each member state sets its own rule, so treat this as indicative and confirm with local counsel. Some countries let a participant record their own conversation (e.g. Ireland, Denmark, Netherlands, Spain, Italy, Poland). Others — including Germany, France, Austria and Greece — strongly restrict or criminalise recording a private conversation without everyone's agreement, even if you're part of it. The ePrivacy Directive (2002/58/EC) protects communications and operates alongside GDPR. Because the rules vary so much, and because sharing a recording needs a lawful basis under GDPR even where recording it is allowed, always get clear, explicit consent before capturing anywhere in the EU.

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

Getting consent is your responsibility, and what’s required depends on where you are. Make sure everyone understands the conversation is being recorded and that the recording is shared with our service providers. If you’re unsure of your position, don’t record.


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.

Where can I read Blinq's full privacy policy?

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