The new version has been released, bringing with it controversy – is the iPhone’s recording feature legal?
Apple has made iOS 18.1 generally available for iPhone and iPad users. This update includes new features that allow users to make their devices more personalized and effective. One of the innovations that attracts particular attention is the feature of recording phone conversations.
PHONE RECORDING FEATURE STANDS OUT
The phone conversation recording feature that comes with iOS 18.1 allows users to start the recording process by clicking on the wave line icon on the call screen. This feature is available for both incoming and outgoing calls and allows users to record FaceTime voice calls as well. It is a fact that it will be much easier for users to take notes with the new feature, which not only provides the opportunity to record but also transcribe voice conversations in the form of notes.
However, this innovative feature also brings with it various security and privacy issues and questions.
The feature of recording phone conversations poses a risk of violating users’ privacy. Records need to be stored securely and access controlled. The brand states that it takes this issue very seriously and has introduced important security improvements to protect users’ privacy rights.
IS IT LEGAL TO RECORD PHONE CONVERSATIONS?
Especially, we, journalists, use innovative technologies to record audio during an interview, when it is necessary to get an opinion on the phone, or during a meeting. But of course, for this we need to get permission from the other person first.
Lawyer Arda Demircioğlu, who conveyed important information to Habertürk Technology Editor Cem Özenen on the subject, said, “With developing technology, the boundaries of legal fields may become unclear from time to time. For this reason, both the innovations in the legislation and the jurisprudence that will be formed as a result of the implementation of the current legislation gain importance. The law’s catching up with technology and its implementation.” Unfortunately, it does not happen at the same speed. In theory, you have the opportunity to take notes of a conversation by hand, but when the phone does this automatically and stores this data in its memory in a shareable form, data privacy is possible. “We are approaching the point where data security problems may begin. Where and how this data is used is important,” he said.
“SHARING WITH THIRD PARTIES IS A VIOLATION OF RIGHTS!”
Demircioğlu emphasized that ‘legal problems’ may arise regarding sharing and access rather than recording and storing conversations as notes on a smartphone, and said, “Presenting the recorded data to third parties or applications authorized to access without the consent of the other party will constitute a violation of rights.”
“THERE IS NO PROBLEM IN TAKING NOTES”
Lawyer Arda Demircioğlu stated that converting voice expressions into text without sharing for personal use would not be a problem and said, “At this point, for example, will iPhone applications have access to this data? Some applications can access some data in the background upon approval. Legal problems may arise at this point.”
“IT CAN BE USED AS EVIDENCE UNDER SOME CIRCUMSTANCES”
Pointing out that there may be problems with the use of these records and notes as evidence in litigation processes, the lawyer said, “The first is the problems that may arise in determining who the data belongs to. If the determination is made clearly and is accepted by the official authority, the second point should also be considered. Findings obtained illegally are evidence.” The law is clear on this issue, but the Supreme Court has ‘exceptional’ decisions in cases such as divorce, for example, recording a voice recording secretly in a shared residence can be considered as a violation. “There are decisions that he has not seen,” he said.
SAFETY PRECAUTIONS FROM THE BRAND
Apple releasing the new update
Apple stated that it has taken a number of measures to protect users’ privacy in the phone conversation recording feature that comes with iOS 18.1. Here are some of these measures:
AUTOMATIC REGISTRATION NOTIFICATION
When the recording process begins, both the speaking party and the calling party are notified with an automatic voice notification. This notification ensures that both parties are aware that the conversation is being recorded and prevents privacy violations.
ENCRYPTION AND SECURE STORAGE
Apple ensures that conversation recordings are stored in encrypted form. In this way, only authorized users can listen to these recordings, increasing the security of the recordings. Recordings are stored in the Notes app and protected by the device’s security protocols.
ACCESS CONTROL
The Notes app, where recordings are stored, is protected by authentication methods such as Face ID, Touch ID or password. These methods ensure the security of records against unauthorized access.
Users can control which calls are recorded and how long these recordings are kept. Additionally, users have the right to delete these records at any time.
ON-DEVICE PROCESSING
Whenever possible, recording and analysis are performed on-device. In this way, sending user data to remote servers is minimized and the security of the data is increased.
By taking such measures to protect the privacy and security of users, Apple aims to provide the feature of recording phone conversations in a secure manner.
What do you think?