Can i record phone call conversations?

[Jimmy Lawrence]

Hello i was wondering if someone could shed any light on this as i cant seem to find an answer.

Can i record a phone call with me having a conversation with say a inshurance company?

If so do i need to ask there permission?

Many thanks in advance.

 

[FirstClassVirtualOffice]

You don't need to ask their permission but you do need to make them aware the call will be recorded...just say it's "for training and security purposes" like they do

 

[paultnl]

You do not need to inform the other party or gain consent to record your own conversations as legally it is the same as taking notes (just more accurate).

Publishing such a recording would be a whole new ball game but using a transcript produced from a recording in court is allowed.

Covertly recording other peoples conversations is a definite no.

 

[Paul_Rosser]

This may help -

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

 

[cjd]

Hello i was wondering if someone could shed any light on this as i cant seem to find an answer.

Can i record a phone call with me having a conversation with say a inshurance company?

If so do i need to ask there permission?

Many thanks in advance.

Some guidance towards the bottom of this page:

http://www.voipfone.co.uk/Call_Recording.php

 

[Steve Sellers]

Covertly recording other peoples conversations is a definite no.

That depend on the context. For example, covert recordings are perfectly acceptable forms of evidence in an Employment Tribunal.

 

[paultnl]

That depend on the context. For example, covert recordings are perfectly acceptable forms of evidence in an Employment Tribunal.

Are you sure of that? I was refering to recordings of conversations that you are not part of (Bugging). Surely that comes under RIPA

 

[Steve Sellers]

Are you sure of that? I was refering to recordings of conversations that you are not part of (Bugging). Surely that comes under RIPA

Yes sorry I wasn't referring to recording other peoples conversations. In fact such clandestine recordings are not admissible as evidence in an ET. Amwell School V Dagherty.

 

[Optegris]

Interesting. The guidance seems a little conflicting though. I have to make a call tomorrow to chase a debt that im fairly sure the client will refuse to pay.

Can I record that call without their knowledge and then use the recording in a court action to recover the debt assuming it gets that far?

 

[cjd]

Interesting. The guidance seems a little conflicting though. I have to make a call tomorrow to chase a debt that im fairly sure the client will refuse to pay.

Can I record that call without their knowledge and then use the recording in a court action to recover the debt assuming it gets that far?

You can try and it will depend on how hot the defendant's barrister is whether it's allowed as evidence. If s/he notices that no-where in the call do you say that the call is being recored and you don't say that calls are recorder on your web site either, it probably won't be allowed.

As a business, you are obliged to warn your callers somehow, but the law is fuzzy about exactly how you do it. What is clear is that saying that the call is recorded up-front works.

But that's the law - if you ever need to use it in court you're in trouble anyway. More pragmatically, simply having the recording and sending the other party a copy often removes the need for any further argument.

The guidance on our web-site summarises all that can be said without getting specialist legal advice.

 

[declondon]

Hello i was wondering if someone could shed any light on this as i cant seem to find an answer.

Can i record a phone call with me having a conversation with say a inshurance company?

If so do i need to ask there permission?

Many thanks in advance.

Yes, it is possible to record the summary during the talking on the cellphone.

 

[leemason]

As I understand it if you are a business and recording calls inbound or outbound you do need to inform callers of that. However as a private individual recording a conversation with an insurance company (or anyone else) I don't think that applies.

 

[paultnl]

As I understand it if you are a business and recording calls inbound or outbound you do need to inform callers of that. However as a private individual recording a conversation with an insurance company (or anyone else) I don't think that applies.

That is a convention not a rule. Anyone can make recordings of their own conversations at any time. What you can do with those recordings once made is more limited.

 

[cjd]

I've not looked at this some a year or two and I see that the Information Commissioner's Office is now saying this:

Q: Can an organisation record a telephone call without telling me?

Yes. In our view, individuals should generally expect that an organisation will keep a record of the call. This could be by recording the call itself or by making notes.

http://www.ico.gov.uk/Global/faqs/rights.aspx

So it's now accepted that that companies will record calls.

The issue then becomes what can be done with those recordings. The sharing of customer information is heavily regulated, so you can't expect to be able to broadcast your call recordings just anywhere, but the use of it in court to settle a dispute, seems to me to now be acceptable - even if you haven't told the caller that you are recording.

It'd be good to see a case though.

 

[Optegris]

That's the way I read it too. I think what I will do though is update our terms to state we record calls, change the welcome message for incoming calls and mass mail all our clients to let them know about the change.

 

[cjd]

I think you'd be wise to add a line onto your contact page where it can reasonably be expected to be seen too. This is what we do:

Please note: All calls to Customer Services are recorded to help us resolve disputes and for training purposes.

https://www.voipfone.co.uk/Contact_Us.php

 

[thelegalstop]

If you want to record your own conversation, then the only thing required is to make the other party aware of the fact the conversation is being recoded.

 

[paultnl]

If you want to record your own conversation, then the only thing required is to make the other party aware of the fact the conversation is being recoded.

Wrong. Although it might be polite to do so, there is no legal requirement.

 

[vvaannmmaann]

All very interesting,however despite being informed that my call was being "recorded for quality purposes" a large multi national company I had dealings with had no record of any recording of the muppet at their call centre giving me dangerously misleading information.
That's one call I would have liked to have recorded.

 

[leemason]

All very interesting,however despite being informed that my call was being "recorded for quality purposes" a large multi national company I had dealings with had no record of any recording of the muppet at their call centre giving me dangerously misleading information.
That's one call I would have liked to have recorded.

Or so they say. If they have an old tape based recorder it can take so long to find what you need that they just can't be bothered!