Recording of telephone calls

[Acula]

Hi all,

Just a quick question, all of our calls are recorded whether it's an incoming or out going call. We're covered on incoming calls as this is advertised but what about out going calls? i.e. do I legally need to advise someone that the call is being recorded?

Any info would be appreciated.

Many thanks,

Kurt from Acula

 

[it-comms]

Hi, Providing its for internal use there is no requirement to inform.

If you wish to disclose to 3rd parties. you need the consent of the other party of the call.

 

[cjd]

Hi, Providing its for internal use there is no requirement to inform.

I don't think this is correct. This is our guidance on it. (Sadly the Ofcom link seems to have been archived.)

Is It Legal?

Generally, yes, provided you follow some rules - there are various regulations you should be aware of and the law is different for home use and business use.

In summary, you may record calls at home so long as they are for your own personal use only and you may record calls if you are a business so long you take "all reasonable steps" to inform all parties that you will be recording them. “All reasonable steps” is not defined but may include written warnings on your web site and/or a voice warning.

Most organisations use phrases like these at the beginning of each call: "For training purposes and your own security, your call may be monitored and recorded." "In order to ensure excellent customer service, your call may be monitored or recorded." Less formally, you could just say something like “I’m recording this conversation so that I have a proper record of it, is that ok?” In some circumstances businesses may record without obtaining consent.

Ofcom’s Guidance

Click here to read Ofcom's guidance regarding call recordings.

Please note: Our notes here, like Ofcom’s, are simply an attempt to point you at some of the law regarding recordings; you should obtain your own legal advice if you have any doubts.

Source Material

The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation.

Regulation of Investigatory Powers Act 2000 (“RIPA”)

Telecommunication (Lawful Business Practice)(Interception of Communications) Regulations 2000 (“LBP Regulations”

Data Protection Act 1998

Telecommunications (Data Protection and Privacy) Regulations 1999

Human Rights Act 1998

 

[it-comms]

CJD

The Regulation of Investigatory Powers Act 2000 in general prohibits interception of communications by a third party, with exceptions related to government agencies. A recording made by one party to a phone call or e-mail without notifying the other is not prohibited provided that the recording is for their own use; recording without notification is prohibited where some of the contents of the communication—a phone conversation or an e-mail—are made available to a third party. Businesses may record with the knowledge of their employees, but without notifying the other party, to

• provide evidence of a business transaction,
• ensure that a business complies with regulatory procedures,
• see that quality standards or targets are being met,
• protect national security,
• prevent or detect crime,
• investigate the unauthorised use of a telecommunications system, or
• secure the effective operation of the telecommunications system.

So it looks like my original statement is correct.

 

[cjd]

This is quite a complex area of law - as stated above, there is more than one Act applying to call recording. The quoted part about notifying customers that you're recording comes from Ofcom. Here's advice from A City Law Firm.

Companies

Companies however, have very different rights to record. They may wish to record telephone conversations for business purposes, such as for training or security reasons, but it can only do so for regulated purposes as discussed below. The Telecommunications Act 1984 still regulates this area, but delegates the finer points to OFTEL and the Department for Business, Innovation and Skills. Upon purchasing a telephone system for your business the licence granted to use the system is bound by the guidance issued by these two bodies.

The Regulation of Investigatory Powers Act 2000 (RIPA) permits a company to lawfully record conversations only to:

• Establish facts;
• Ensure regulatory compliance; or
• demonstrate standards that are achieved or need to be achieved by training.

Any recording retained must be relevant to that business and only used for that business. Also all reasonable efforts must be made to inform the parties that the conversation is or was recorded. We recommend noting this on your terms and conditions, website and other documents; have a recorded message when customers call you advising them that calls maybe recorded. Do whatever is reasonable to advise the party so as not to fall foul of these regulations. Also, if you are storing personal information the Company must be registered with the Data Protection Commissioner.

Note that last bit about storing recordings too.

 

[Acula]

Hi guys and thank you for some fantastic feedback. I have followed Ofcom's rules with regard to incoming calls - it's outgoing where I am not sure of how I stand... i.e. do I have to inform them other than the steps that I do currently which is w printed message on our webpage / facebook / headed paper - in fact anywhere when a customer looks up our phone number.

Having read through the above I shall do some more research and see if I can find out anything further from Ofcom.

Thanks once again.

Kurt from Acula

 

[cjd]

There would be no distinction between outgoing and incoming.

 

[Acula]

Thank you CJD

 

[Gecko001]

There are circumstances in which you can legally record outgoing calls without first asking permission, as others have stated, but really you are getting into private detective and investigative journalist territory here and certainly you would need be very careful and could only do it with certain types of calls. I should have thought blanket recording is totally out as you cannot guarantee that all calls meet the criteria of what can legally be recorded without permission.

 

[Ashley_Price]

When I did transcription work for university researchers carrying out telephone interviews (therefore, making outgoing calls), they always had to state at the beginning, that the call was being recorded and for what reasons the recording would be used.

 

[Acula]

That's great guys, thank you once again.

My system can be turned off on out bound calls so that's what I shall do.

Cheers,

Kurt from Acula