How to solve it? The caller, after dialing an outgoing number, should wait until the callee agrees or refuses to record the call, after which the two parties should be connected.
I do it like this. After dialing, I check in macro-dialout-trunk-predial-hook whether the call should be recorded. If so, I store in a variable who is calling, hang up the call and run “call file” with the stored variable to connect the callee to the IVR. After selecting the IVR option, I set “call recording” and go to “custom destinations” where I read from stored variable caller number and call it.
Can this be done differently?
Are you ‘cold calling’ ?
No, it is for security. The conversation should ideally be recorded for evidentiary purposes, but at the same time the callee has the right to refuse to record and then it cannot be recorded. Incoming calls are also recorded but here it is easy to ask for permission and toggle the recording.
I would then say both you and your clients are both better covered legally if the calling agent verifies that choice not a machine.
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Are you suggesting that the caller manually turn on the recording? Only the external caller can decide to record. The agent should not be able to turn on the recording if the other party has not consented.
Unless there is something that acts as an incentive for the external party to record recordings that are not under the control, or this is not cold calling, and the alternative to recording is not to have the call, just don’t record calls, as I can’t imagine many external parties would want to be recorded.
I think what was being suggested is that an automated process provides no real guarantee that the person understood what they were being asked to agree to.
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No, you are wrong there, only the calling agent can decide to record (press the go button) , and only after both party have fully and legally consented.
I am suggesting that if you are not ‘cold calling’ ( aka as robocalling/unsolicited commercial calling) , then your agent can inform the callee of the consequences of giving concent and press the go button when that concent is understood by both parties, is not ‘assumed’ by either party and ultimately given, unlike the recent Canadian high court ‘assumed consent by emoji’ decision
If on the other hand , you are actually robocalling, I hope that no-one here or any where else will help you because you are universally hated 
In the country where I live, for example, if I report a damaged phone line to a certain French company after a certain period of time, a machine calls me with the information that the call will be recorded and if I do not consent I can disconnect, after that the machine connects me to a technician. Commercial organizations can disconnect the call without consenting to recording. Certain organizations must answer the call even if the caller does not consent to recording. If the “agent” manually turns on the recording and the caller has not consented it will be a violation of the law, so the choice must be made by the caller. On incoming calls I ask if the call can be recorded (e.g. 1 - yes, 2- no), I wait for the caller to make a choice, if he agrees to recording I inform him that the call will be recorded and inform him about the rodo regulations, only after that I connect him to the callee. I want to have the same for outgoing calls.
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