What to say when a candidate asks if you're recording (and where your notes go)

Answer yes or no straight away, then say in one breath what is captured, where your notes go, who sees them, how long they are kept, and that the candidate can say no without it affecting their application. For example: "Yes, I'm transcribing so I can listen instead of typing. My notes go into our applicant tracking system, the hiring team sees them, and we keep them for a year. If you'd rather I didn't, I'll switch it off now." If you cannot fill in those blanks for your own tool, that is the real problem, and the table below shows where common tools send interview notes as of October 2026.

The best practice is to say all this before anyone has to ask; the opening lines for that are in the interview recording consent script. This page is for the moment a candidate asks first, and for the follow-up questions that come with it.

What should you say when a candidate asks "are you recording this?"

Pick the line that matches what you are actually doing. Fill the brackets in now, not on the call.

You are transcribing with an AI note taker

"Yes, good question. I use [tool] to transcribe our conversation
so I can listen properly instead of typing. [It keeps no audio /
It keeps the recording for (period)]. My notes go into [our ATS],
[the hiring team / the client for this role] sees them, and we
keep them for [period]. If you'd rather I didn't, I'll turn it
off right now and type instead. It won't affect your application."

The meeting platform is recording or transcribing

"Yes, [Teams / Meet / Zoom] is [recording / transcribing] this
call. The [recording / transcript] is saved to [where, e.g. my
company account], only [who] can open it, and it's deleted after
[period]. Happy to stop it if you prefer."

Nothing is being recorded

"No, nothing is being recorded or transcribed. I'm typing notes
into our applicant tracking system, which [the hiring team] can
see. You'll see me looking down now and then; that's why."

You are not sure

"Let me pause it while we talk. I'd rather check exactly where it
stores things than guess, and I'll email you the details today."

Whatever you say, avoid three phrases: "just for my notes" when a vendor stores the audio, "nobody else will hear it" when the hiring team or a client can open it, and "it's all deleted" when you do not know the retention period.

Why does a vague answer cost you?

A candidate who asks is usually not hostile; they want to know what happens to what they say. A vague or defensive answer ("don't worry about it") tells them you do not know either, and they will be more guarded for the rest of the call, which is the opposite of what you want from a screen. A clear answer takes fifteen seconds and usually ends the topic. There is also a legal reason to be exact, covered below: in some states, recording without everyone's consent is unlawful, and a candidate asking is a sign you did not give notice at the start.

Where do your notes actually go?

"Where your notes go" depends on the tool, and several tools send them to more than one place. The rows below come from each vendor's own documentation.

Then add the copies you make: a summary pasted into the ATS, a submittal emailed to a client, a transcript downloaded to a laptop. Each is a place the candidate's words now live. The full map is in where AI note takers store interview data.

How do you work out your own answer in five minutes?

1. What is captured? Audio, video, a transcript only, or AI notes and scores. Check the tool's settings, not your memory.
2. Where is it stored? Your computer, the vendor's cloud, your company's Microsoft or Google account, the ATS. Usually more than one.
3. Who can see it? You, the hiring team, a client, the vendor's support staff with permission.
4. How long is it kept? Find the retention setting. If your company has no period, ask whoever owns privacy before you promise one.
5. Is it used for anything else? For example, whether the vendor trains AI models on it; policies by vendor are in do AI note takers train on interview recordings.

Write the answers as one sentence each on a card next to your screen. That card is your answer to the candidate.

What if the candidate asks "is AI judging me?"

Say what the tool does, not what it is called. If it transcribes and drafts notes: "It writes down what we say. I make the assessment, and the hiring manager makes the decision." If it scores, ranks or recommends: say so, say a person reviews the result, and offer the alternative your process allows.

Two rules decide how much more you owe. New York City's rules on automated employment decision tools define the "simplified output" the law targets and say it does not refer to output from tools that "transcribe a video or audio interview" (DCWP final rule, 6 RCNY § 5-300); scoring features are a different question, covered in NYC Local Law 144 and AI note takers. Illinois' Artificial Intelligence Video Interview Act requires notice, an explanation and consent before an employer that asks applicants to record video interviews uses AI to analyze them for Illinois-based positions (820 ILCS 42/5).

What if the candidate says no, or asks you to stop?

1. Stop or pause capture immediately, and say out loud that you have.
2. Carry on with typed or handwritten notes. Do not ask why.
3. Tell them it will not change how they are assessed, and make that true: same questions, same scorecard.
4. If anything was captured before they objected and your process allows it, offer to delete it, and do it.
5. Note in the record that capture was turned off at the candidate's request, with the time.

If the candidate is the one recording, or brings their own AI note taker, the policy questions reverse; see can candidates record an interview or bring their own AI note taker.

What if they ask for a copy, or for it to be deleted?

Do not promise on the call; route it. Say: "I'll pass that to the person who handles privacy requests, and you'll hear back in writing." Candidates may have legal rights here. California's privacy agency says the CCPA's protections include job applicants who are California residents (CPPA FAQ), and in the EU and UK, Article 15 of the GDPR gives a right of access to personal data. Handling the request is covered in candidate data access requests.

Does the law require you to tell them before they ask?

Often, yes. Federal law allows a recording when one party to the conversation consents (18 U.S.C. § 2511(2)(d)), but some states require everyone's consent. California's Penal Code section 632 covers recording a confidential communication without the consent of all parties (Cal. Penal Code § 632). Washington requires the consent of all participants, and says consent is obtained when one party announces to the others that the conversation is about to be recorded, with the announcement itself recorded (RCW 9.73.030). Because you often do not know where a candidate is sitting, the safe habit is to say it at the start of every call, which also means fewer candidates have to ask. The state-by-state list is in two-party consent states.

Not legal advice. Laws and vendor documentation are linked as of October 2026; check them, and your own tool's settings, before you rely on any answer above.