Do you need consent to record a session?

Recording is off unless you enable it, and when enabled the customer sees an explicit consent prompt before capture begins. Consent, timestamp, and identity are stored with the session.

Last updated

Moe Bedard

By Moe BedardFounder, Virtual Inspection Pro

Support specialist preparing a consent-based remote session
Participants should receive clear recording notice before capture begins.

Key takeaways

  • Recording is off until you deliberately enable it.
  • Explicit customer consent is prompted and stored.
  • Declining leaves the session running, unrecorded.
  • Disclosure text is customisable for your jurisdiction.

Default off, explicitly enabled

Recording is not on by default. Enabling it is a workspace-level decision, and it can be restricted to specific teams or templates.

What happens to recordings

Recordings are stored under the same encryption, access control, and retention policy as inspection media, and every subsequent view is logged.

Recordings can be deleted on request, independently of the rest of the session record.

Prepare a recording decision before the appointment

For Virtual Inspection Pro, recording is off unless you enable it. When enabled, the customer sees an explicit consent prompt before capture begins, and consent, timestamp, and identity are stored with the session. Build your video recording consent procedure around that workflow, but do not treat the prompt as a complete legal assessment.

Before an appointment, identify the recording purpose, expected participants, participant locations, and whether audio or video may reveal sensitive information. Assign a staff member to explain why recording is requested, who is expected to access it, and what alternative process is available if someone declines. Government agencies should also check applicable records schedules and disclosure obligations with their records officer. For insurers and lenders, keep permission to record separate from any authorization needed to collect claim, financial, or property information.

Account for every participant and location

Recording requirements vary by jurisdiction and circumstances. The Reporters Committee for Freedom of the Press recording guide summarizes differences among U.S. state laws and warns that violations can carry consequences. A search for “two party consent recording” is only a starting point: the practical issue may be consent from all participants, including people joining from another jurisdiction.

Use an opening script that states the recording purpose and asks who else is present or participating. Establish a procedure for late arrivals, interpreters, tenants, and contractors; do not assume the customer's prompt covers everyone. If locations or consent requirements are uncertain, stop the recording workflow and seek qualified legal or compliance review. Browser camera and microphone permissions are not a substitute for recording consent. Likewise, a stored identity entry does not, by itself, establish that every participant was identified or authorized to consent.

Handle refusals and unexpected exposure during inspections

Consider a municipal inspector conducting a remote inspection of a water-heater replacement. The owner agrees to recording, but a tenant enters the room and objects while personal paperwork is visible. The inspector should stop recording activity, clarify who is participating, and ask that unrelated documents be moved out of view. Document the interruption and route any material already captured through the agency's approved handling process rather than making an improvised deletion decision.

If someone declines or withdraws permission, do not pressure them to agree. Follow an approved alternative, such as rescheduling or arranging an in-person visit; an unrecorded remote inspection may be appropriate only if agency policy permits it. ICC remote virtual inspection guidance provides context for planning remote inspections, not blanket approval for every inspection. An in-person visit is appropriate when required observations cannot be made reliably or safely through the remote process.

People also ask

Are captured photos treated as recordings?
Photos captured during a session are part of the inspection record; continuous video recording is the separately consented capability.
Can we require recording for certain workflows?
Yes, recording can be mandatory for specific templates where your policy demands it.
Who can watch a recording later?
Only roles you grant, and every playback is logged.
Does allowing camera access mean I agreed to recording?
No. Camera access and recording consent are different decisions. When recording is enabled in Virtual Inspection Pro, the customer sees an explicit consent prompt before capture begins.
What if another person joins after recording starts?
Pause the recording workflow, identify the new participant, and follow your approved consent procedure before continuing. Seek human review if the applicable requirements are unclear.

Sources and further reading

Reviewed against authoritative guidance on September 30, 2026.

  1. Reporter's Recording GuideReporters Committee for Freedom of the Press
  2. Remote Virtual InspectionsInternational Code Council
  3. General Data Protection RegulationEuropean Union

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