Standards for Consent, Storage, and Access When Receiving a Request to Record Harassment Investigation Interviews
Standards for Consent, Storage, and Access When Receiving a Request to Record Harassment Investigation Interviews
If you receive a request to record during a workplace harassment investigation interview, rather than simplifying it to "you just need to agree" or "you cannot do it without the other party's consent," Who records, what the company stores, and who accesses it later It is recommended to check by dividing it.
The key is the recording request ① Confirm recording entity and purpose → ② Verify legal and internal standards → ③ Provide prior notice → ④ Grant limited storage and access rights → ⑤ Review request for viewing → ⑥ Destruction It is operated in the flow of... It is advisable not to treat recordings made by conversation participants and recordings made by the company for official investigation records under the same standards.
📌 First, three things to distinguish
If a request is made during a harassment investigation interview asking, "May I record this?" Whether the recording itself is possible , Whether the company will keep it as an official investigation record , Who can view the original or receive a copy later It is important not to mix them all at once. In particular, operational management points differ depending on whether the company records the interview or the interview participant records it using their own device.
| division | Things to check first | Practical Points |
|---|---|---|
| Interview participant requests to record using their own device | Who is recording, is it the interviewee, and what is the purpose of use. | Distinguishing between the issues of participant recording under the Protection of Communications Secrets Act and the company's investigation operational standards |
| The company officially recorded | Purpose of recording, basis for processing personal information, necessity of notification and consent, retention period | Establish standards in advance and explain the recording, storage, and viewing methods to the participants. |
| Request a copy of the recording | Who the requester is, and whether the file contains third-party personal information | Do not automatically process the provision of the entire original; instead, review the right of access, third-party rights, and investigative confidentiality together. |
| Request Transcript/Summary | Scope necessary for the purpose of investigation and whether to include third-party information | Review whether the verified version or summary within the necessary scope is appropriate instead of the original text. |
🧭 Step 6 when receiving a recording request
- Check request type First, distinguish whether the interview participant intends to record it themselves or is requesting an official recording from the company.
- Confirmation of recording purpose — We confirm the purpose, such as supplementing memories, verifying statements, and preparing for disputes, but do not require the complainant or the accused to excessively restate the details of the case.
- Check legal and internal standards — Distinguish between recordings of 'conversations between others' and recordings of interview participants under the Protection of Communications Secrets Act, and verify the grounds for collection and use and notification items applicable when the company processes personal information.
- Information before the interview begins — Clearly inform participants of whether recording is being made, the recording entity, the purpose of use, the storage location, access rights, and the procedures for requesting viewing or copies.
- Storage and access permission settings — Do not store audio files in general HR folders or shared drives; instead, separate them into investigation records so that only the necessary investigators can access them.
- Application of viewing and destruction standards When a request for access is received, we review the rights of the data subject along with the confidentiality of third-party information and investigations, and files for which retention is no longer necessary are destroyed in accordance with internal preservation standards and personal information protection principles.
🎙️ The reason we do not state 'Recording is strictly prohibited without the other party's consent'
The Communications Secret Protection Act is not disclosed Conversation between others The act of a third party recording is prohibited. The Supreme Court has ruled that in a conversation between three people, if one of the participants records the conversation, the remarks of the other participants are not considered a 'conversation between others' in relation to the recorder, and therefore cannot be considered a violation of the relevant provision.
However, this This means that it cannot be concluded that recording of an interview participant is immediately prohibited under the Protection of Communications Secrets Act. However, this does not mean that you are free to disclose, transmit, or post audio recordings. Since workplace harassment investigations involve the obligation to keep secrets, personal information, third-party rights, and the risk of secondary harm, it is advisable for companies to establish separate investigation operational standards.
🔐 Items to guide when the company conducts official recording
If a company officially records interviews to ensure investigation quality, it is advisable to organize the following items in advance rather than ending with a single sentence stating, "We are recording." If consent is used as the basis for processing personal information, information regarding the purpose of collection and use, items included, retention and usage period, right to refuse consent, and potential disadvantages must be provided in accordance with the Personal Information Protection Act.
| Guide Items | Internal Standard Example |
|---|---|
| Recording purpose | Specific purposes such as verifying the accuracy of statements and assisting in the preparation of investigation records |
| Recording Subject/Device | Whether company-designated devices or designated investigation tools, or personal devices are used |
| Scope of use | Limited to the scope of purposes such as fact verification and record keeping by the investigator. |
| Access permissions | Minimum personnel including investigators and, if necessary, legal and labor reviewers. |
| Storage period | Established by reflecting the need for investigation and dispute response, as well as internal retention standards, rather than uniform long-term storage. |
| Request for viewing/copy | Request reception window, identity verification, third-party information processing method |
| Destruction method | Processing to make recovery difficult, such as permanently deleting electronic files |
👀 Requesting access to a recording is not the same as 'providing the full original.'
Under the Personal Information Protection Act, data subjects may request access to their personal information processed by personal information processors. However, interview recordings include not only the requester's own voice but also that of the complainant, the accused, witnesses, etc. Other people's personal information and investigative secrets This can be included together.
Therefore, when receiving a request for access, you must review the scope of the requester's personal information, the potential infringement of the rights and interests of others, the progress of the investigation, and the necessity of confidentiality protection. If necessary, you may consult with the personal information manager, labor relations, and legal departments to review possible methods, such as excluding third-party information instead of the full original, verifying recordings, and summarizing or extracting. Since the specific grounds for restriction may differ between public institutions and private companies, it is advisable not to process requests uniformly using a single method.
📋 Recording File Management Log Example
A recording file is, rather than a document that summarizes 'who said what,' File creation, access, storage, and destruction status It is practically useful to keep a separate ledger for managing it.
| Management Items | Record example | check |
|---|---|---|
| Date and time of the meeting | 2026-09-17 14:00 | □ |
| Recording entity | Company investigator / Interview participant | □ |
| Advance Notice | Guidance on recording, purpose, storage, and access standards completed | □ |
| File save location | Restricted folder for investigation only | □ |
| Access permissions | 2 investigators | □ |
| Request for viewing/copy | None / Receipt Date/Processing Result Record | □ |
| Retention period review date | YYYY-MM-DD | □ |
| Date and method of destruction | YYYY-MM-DD / Permanently Delete | □ |
☑️ HR & Investigation Manager Checklist
The checklist below is for internal inspection purposes to identify procedural omissions when a request to record is received during a harassment investigation interview. In particular, Recording entity, prior notice, access rights, viewing criteria This is a basic verification item. If several items are not organized, it is recommended to first supplement the investigation regulations and personal information processing standards before starting the recording.
| Confirmation items | check |
|---|---|
| I distinguished whether it was a recording by an interview participant or an official company recording. | □ |
| The purpose and scope of use of the recording were organized. | □ |
| I checked the grounds for personal information processing and notification items to be applied when recording at the company. | □ |
| Before the interview began, participants were informed of whether recording would be performed and the operating guidelines. | □ |
| Standards were established to prevent the transmission of investigation recording files via personal mobile phones or messengers. | □ |
| Access to the audio files was restricted to the minimum number of personnel necessary for the investigation. | □ |
| Investigation records and general HR documents are stored separately. | □ |
| We designated a reception desk for requests for viewing and copies, as well as a reviewer. | □ |
| Whether to provide the original file containing third-party information is reviewed separately. | □ |
| We determined the time and method of destruction when the need for storage ended. | □ |
| We checked to ensure that informants or witnesses would not suffer any disadvantages during the recording and viewing process. | □ |
| If there is an urgent safety risk or concern over retaliation, protective measures will be reviewed separately from the recording issue. | □ |
⚠️ Common mistakes in operations
- Cases where the interview participant's recording and the company's official recording are explained by the same legal standards
- Cases where survey participation and consent to personal information are bundled together, such as “You cannot have an interview if you do not agree.”
- In cases where an investigator records using a personal mobile phone and then sends the file via messenger.
- When the original file contains voices of multiple people and the entire file is sent directly to the requester
- Cases where audio files are stored for a long period along with general personnel data without specifying how long to keep them.
💬 When EAP support is needed
Matters regarding recording, investigation methods, factual determination, and disciplinary or personnel actions must be handled through the company's official investigation and labor and legal procedures. The EAP does not substitute for this determination.
However, the reporter, the accused, and the witness may experience anxiety, sleep problems, tension, and relationship stress during the interview and investigation process. In such cases, the EAP may refer them to psychological support channels separate from the investigation records. If indications of suicide or self-harm, immediate safety risks, or risks of violence are identified, do not respond solely with general EAP guidance; instead, prioritize checking emergency channels such as 119, 112, or the Suicide Prevention Hotline 109.
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❓ FAQ
Q1. Is it always illegal if a party to an interview records the conversation without the other party's consent?
The Protection of Communications Secrets Act prohibits a third party from recording undisclosed "conversations between others," and there is a Supreme Court precedent that holds that recording by a participant in a conversation does not constitute a violation of this provision. However, since separate issues regarding personal information, protection of secrecy, and civil rights may arise regarding the disclosure, provision, and storage of recordings afterward, they must be reviewed in conjunction with investigation operational standards.
Q2. Is it mandatory for the company to obtain consent from everyone to record investigation interviews?
The legal basis for processing personal information is not always determined solely by consent. You must first verify why the company requires recording, the legal grounds for processing, and whether sensitive information is involved. If processing is based on consent, a procedure to provide legally required notices and obtain consent is necessary.
Q3. If the interviewer requests the audio recording, must I provide the original immediately?
While the personal information subject to the request for access may be included, the original may also contain the voices and personal information of others. It is advisable to determine the method of access and the scope of provision after reviewing the scope of the requester, third-party rights, and investigative secrets.
Q4. What is the legally mandated retention period for audio files?
It is difficult to conclude that the retention period for recordings of workplace harassment investigations is a single period applied uniformly to all workplaces. You must verify the necessity of investigation and dispute response, preservation obligations under other laws, and internal record management standards, and apply the principle of destroying unnecessary personal information without delay once the purpose has been achieved.
Q5. Should the interview be stopped if the witness feels uncomfortable with the recording?
It is necessary to first verify whether the structure makes it impossible to conduct the interview itself without recording. If recording is not mandatory, the investigator can consider alternative methods, such as keeping written records; however, if recording is required, it is advisable to establish the procedures after fully explaining the criteria for purpose, storage, and access.
👉 Next step
If you need to separate roles for receiving workplace harassment reports, conducting investigation interviews, protecting confidentiality, and providing psychological support to employees, review your organization's response system together.
Inquire about Organizational Risk & EAP Operations →📚 Source and Verification Criteria
- National Law Information Center · Article 76-3 of the Labor Standards Act (Measures in Case of Workplace Harassment)
- Ministry of Employment and Labor · Workplace Harassment Prevention and Response Manual (July 2026)
- National Law Information Center · Article 14 of the Protection of Communications Secrets Act (Prohibition of Infringement of Others' Conversation Secrets)
- National Law Information Center · Supreme Court Judgment 2006do4981, October 12, 2006
- National Law Information Center · Articles 15 and 16 of the Personal Information Protection Act (Collection, Use, and Minimization of Collection)
- National Law Information Center · Article 21 (Destruction) of the Personal Information Protection Act
- National Law Information Center · Article 35 (Access) of the Personal Information Protection Act
This content is intended for general informational purposes. As the possibility of recording and the scope of storage, access, and provision of investigation records may vary depending on the specific interview method, the basis for processing personal information, whether third-party information is included, company regulations, and the circumstances of the case, a review by labor, legal, or personal information protection experts may be required if necessary. In cases involving suggestions of suicide or self-harm, immediate safety risks, or risks of violence, do not respond solely with general EAP guidance; instead, prioritize checking emergency channels such as 119, 112, or the Suicide Prevention Hotline 109. Date of verification of laws and official materials: September 17, 2026.