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Legality of recording at home
While Ofcom says that at work every reasonable effort
should be made to inform all parties to a call that it may
or will be recorded, silently monitored or intruded into the
latest information from them for recording at home is different.
The following information is taken verbatim from Ofcom's
website:
Recording and monitoring telephone calls or e-mails.
A general overview of interception, recording and monitoring
of communications.
The interception, recording and monitoring of telephone calls
is governed by a number of different pieces of UK legislation.
The requirements of all relevant legislation must be complied
with. The main ones are:
- Regulation of Investigatory Powers Act 2000 ("RIPA")
- Telecommunications (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 is not possible to provide comprehensive detail of that
legislation here. Any person considering interception, recording
or monitoring of telephone calls or e-mails is strongly advised
to seek his/her own independent legal advice and should not
seek to rely on the general information provided below. It
should be borne in mind that criminal offences and civil actions
may occur when the relevant legislation is not complied with.
Accordingly, Ofcom accepts no liability for reliance by any
person on the following information.
Can I record telephone conversations on my home phone?
Yes. The relevant law, RIPA, does not prohibit individuals
from recording their own communications provided that the
recording is for their own use. Recording or monitoring are
only prohibited where some of the contents of the communication
- which can be a phone conversation or an e-mail - are made
available to a third party, ie someone who was neither the
caller or sender nor the intended recipient of the original
communication. For further information see the Home
Office website where RIPA is posted.
Do I have to let people know that I intend to record their
telephone conversations with me?
No, provided you are not intending to make the contents of
the communication available to a third party. If you are you
will need the consent of the person you are recording.
Can a business or other organisation record or monitor my
phone calls or e-mail correspondence with them?
Yes they can, but only in a limited set of circumstances
relevant for that business which have been defined by the
LBP Regulations. The main ones are:
- to provide evidence of a business transaction
to ensure that a business complies with regulatory procedures
- to see that quality standards or targets are being met in
the interests of national security
- to prevent or detect crime to investigate the unauthorised
use of a telecom system
- to secure the effective operation of the telecom system.
In addition, businesses can monitor, but not record, phone
calls or e-mails that have been received to see whether they
are relevant to the business (ie open an employee's voicemail
or mailbox systems while they are away to see if there are
any business communications stored there). For further information
see the DTI
website where the LBP Regulations are posted.
However any interception of employees' communications must
be proportionate and in accordance with Data Protection principles.
The Information Commissioner has published a Data Protection
Code on "Monitoring at Work" available on its website
here.
The Code is designed to help employers comply with the legal
requirements of Data Protection Act 1988. Any enforcement
action would be based on a failure to meet the requirements
of the act - however relevant parts of the Code are likely
to be cited in connection with any enforcement action relating
to the processing of personal information in the employment
context. Accordingly this Code of Practice and the Data Protection
Act must also be considered by any business before it intercepts
employees' communications.
Do businesses have to tell me if they are going to record
or monitor my phone calls or e-mails?
No. as long as the recording or monitoring is done for one
of the above purposes the only obligation on businesses is
to inform their own employees. If businesses want to record
for any other purpose, such as market research, they will
have to obtain your consent.
What do I do if my calls have been recorded unlawfully?
Under RIPA it is a tort to record or monitor a communication
unlawfully. This means that if you think you have suffered
from unlawful interception of your phone calls or e-mails
you have the right to seek redress by taking civil action
against the offender in the courts.
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