Who May Record Interviews in Workplace Bullying Complaint Investigations?

“Should pedestrians be allowed to record traffic violations?” That is a question.

A similar dilemma may arise during workplace bullying complaint investigations.

One of the most common and difficult situations occurs when an interviewee enters the interview room, places a mobile phone or recording device on the table, and announces that they intend to record the interview for evidence.

Is this allowed?

Conversely, may the investigators record the interview?

Under Article 16 of the Workplace Bullying Prevention Measures Regulations, interviews should be assisted by audio or video recording and recorded in writing. However, interviewees are not permitted to make their own audio or video recordings.

In other words, the investigation team may record or even video-record the interview, but the interviewee may not record the interview independently.

This rule is designed to balance two important objectives: maintaining confidentiality in the investigation process and preserving the accuracy of evidence.

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Below are seven key purposes of this rule.

1. Ensuring the Authenticity of Evidence and Accuracy of Records

Oral statements may become unclear over time, and different parties may later offer conflicting accounts.

When the investigation panel records the entire interview through audio or video, it can accurately preserve the conversation, tone, context, and sequence of statements.

This helps ensure that the written interview record prepared afterward does not distort what was actually said. It is also a basic requirement for fact-finding.

2. Establishing a Solid Evidence Base for Labor Compliance

The outcome of a workplace bullying investigation may directly affect subsequent disciplinary action, transfer decisions, or even termination.

Officially retained audio or video files have strong evidentiary value from a compliance perspective. They may become important procedural evidence if the company later faces labor inspection, administrative review, or judicial scrutiny.

3. Protecting Employee Privacy

Workplace bullying investigations often involve highly sensitive information, including personal privacy, reputation, workplace relationships, mental health, and interpersonal conflict.

If interviewees were freely allowed to make their own recordings, any accidental or intentional leakage could seriously infringe upon the privacy rights of other employees involved.

In certain circumstances, improper recording or disclosure may also raise criminal law concerns relating to violations of confidentiality or privacy.

4. Preventing Online Public Trials and Improper Public Opinion Manipulation

Some parties may selectively edit interview recordings, take statements out of context, and then disclose them on social media or other public platforms.

Prohibiting independent recording by interviewees helps prevent conduct that may interfere with the investigation, violate personal privacy, and trigger a corporate public relations crisis.

This is especially important in sensitive workplace disputes where partial disclosure can easily distort the facts.

5. Reducing the Risk of Retaliation and Witness Collusion

If a respondent, supervisor, or key witness is allowed to make their own recording, the recording may later be used to pressure others, retaliate against witnesses, or coordinate testimony.

Cutting off private channels for recording and distribution helps witnesses feel safer when giving statements and supports the confidentiality of the investigation process.

Only when witnesses can speak without fear of later retaliation can the investigation approach the truth.

6. Reducing Defensive Behavior and Helping Reconstruct the Facts

If every person in the interview room holds a recording device and records everyone else, the atmosphere will quickly become hostile, defensive, and suspicious.

Restricting private recording helps create a safer and more controlled environment. It allows investigators and interviewees to focus on clarifying facts rather than engaging in defensive positioning.

This is more conducive to a professional and effective HR investigation.

7. Enhancing the Professional Credibility of HR and the Investigation Panel

This rule gives the complaint-handling unit clear statutory authority.

HR professionals may firmly and professionally explain to employees that this is not an arbitrary company restriction. It is a legal requirement that the official investigation team conduct and preserve the recording in a unified manner.

This can significantly enhance the company’s professionalism and credibility in workplace investigation management.

A Reminder from Attorney Chen Yeh-Sin

A workplace bullying investigation is not a recording contest. It is a rigorous procedure designed to identify the truth and ensure fairness.

When initiating a workplace bullying investigation, members of the investigation panel should clearly cite Article 16 of the Workplace Bullying Prevention Measures Regulations in the interview notice and the on-site notice of rights and obligations.

Interviewees should also be asked to sign and acknowledge that they understand the recording and confidentiality rules.

This is not only a way to protect employees. It is also a key step in building a legally compliant workplace investigation process.

Companies should review their existing interview recording consent forms, confidentiality undertakings, and workplace bullying complaint-handling procedures.

Do these documents already include this important legal safeguard for both the company and its employees?

YesinLawTel: 02-25156822Website: https://www.yesinlaw.com