Going on the Record: Audio-recording Interviews
Whether to audio-record interviews can be a contentious issue. As investigators, we are often questioned, sometimes by opposing counsel at disciplinary hearings or tribunals, why we did, or did not, audio-record an interview. People are used to seeing certain types of investigators, such as the police, take audio-recorded and even video-recorded statements from interviewees. In a regulatory or workplace setting, our experience has been that while some clients insist that we audio-record interviews, others are equally insistent that we not. This article explores some of the pros and cons of audio-recording interviews and provides best practices for whether you choose to record or not.
Pros to Audio-recording
Recording an interview can free the investigator from having to take detailed notes throughout the interview, instead allowing the investigator to focus on actively listening to the interviewee and thinking about appropriate follow-up questions. This can be hugely beneficial when the interviewee is providing very complex or detailed information that might be otherwise difficult to transcribe with accuracy in the moment.
In that respect, recordings are also often very helpful when preparing a written summary of detailed and complex interviews, as it gives the investigator the opportunity to go back and re-listen to the interview. This helps ensure the written summary is a true and accurate reflection of the information, and the summary captures all of the relevant details. In addition, when an interviewee suggests the investigator erred in the documenting of their statement, the recording provides the gold standard proof of what the interviewee actually said.
When you audio-record an interview, you not only record the interviewee’s responses, but also the investigator’s questions. This can be both a pro and a con to recording. Sometimes as investigators, we are challenged on our interview methods, including being accused of coercing witnesses into making statements they would otherwise not have made. Audio-recordings can demonstrate that the investigator was appropriate and professional, and that the interviewee provided the information of their own free will. The recording can also provide insight into the tone of the interviewee’s responses, not just the words uttered.
Cons to Audio-recording
Some people are already nervous and anxious about participating in an interview and a formal investigation. The thought of it being audio-recorded, or the idea of numerous, unknown people listening to the interview later, can make them feel even more uncomfortable with the process. This increased level of anxiety can make it challenging for the investigator to put the person at ease, build rapport, and get them talking.
Interviewees can also sometimes hold the misconception that if it’s not audio-recorded, the interview is ‘off the record.’ While as investigators we are responsible for explaining how the information provided during the interview will be used, whether its recorded or not, the belief can sometimes persist that only audio-recorded statements are ‘official.’ This means what an interviewee chooses to share can change depending on whether an interview is recorded. As an investigator, it’s frustrating when interviewees wait until I stop the recording to provide a very significant detail that they did not want to provide ‘on the official record.’
As discussed above, audio-recording also captures the investigator’s methods and interview questions. For some investigators, it can be nerve-racking to think that their phrasing or word choice in the moment could be scrutinized or called into question later. In a hearing setting, opposing counsel could question an investigator on why they phrased something the way they did, if they asked a leading question, or if their wording or tone potentially implied some bias or coercion. All investigators need to be confident in their interviewing skills, but those who audio-record are particularly vulnerable to challenges on their methods.
Best Practices when Audio-recording
When you’re recording a statement provided by an interviewee, the investigator has an ethical obligation to let the person know that they are providing a recorded statement. While the Criminal Code of Canada does allow for covertly recording a conversation where at least one party present has provided consent (which would include the investigator conducting the interview), in a regulatory or workplace investigation, transparency in this regard is required as a point of procedural fairness. In the vast majority of investigations, it would never be acceptable to covertly record an interview.
Before starting the recording, let the interviewee know of your intention to record the interview and obtain their consent to proceed. Once you start the recording, provide a preamble, identifying the date, time, and location of the interview; all of the individuals present; and the purpose of the interview. In addition, for the record, specifically ask the interviewee if they are aware the interview is being audio-recorded and whether they have any objections to it being audio-recorded.
Even when you do audio-record the interview, always take at least some notes throughout the interview. These can serve as a backup should anything happen to the recording, and you can use your notes to keep track of follow-up questions you want to ask later in the interview.
Best Practices if you do not Audio-record
Where it’s not practical or feasible, or if you do not have consent to audio-record, having the interviewee review and sign your interview notes can often achieve the same benefits as recording. This gives the interviewee the opportunity to confirm the accuracy of your notes and to clarify anything they believe you might have misinterpreted. To the extent possible, have the interviewee review your notes immediately following the interview. The purpose is to have them confirm the statement they provided at the time, not after they have had time to mull over what they told you, or worse, after they have discussed your interview questions with someone else.
Conclusion
While there are definite benefits to audio-recording interviews, such as accurately capturing detailed statements, there are also drawbacks, including potentially missing important information interviewees are too nervous to share. Whether you choose to audio-record or not, consider having interviewees review and sign your notes at the conclusion of the interview to ensure they agree with what you documented and so they cannot later deny making those statements.
