The Mystery Shopping thread - IX

duchy

To be clear I'm not legally qualified either and am only quoting my understanding of the law too in my post above which is consent needs to be given (in the case of a recorded mystery shop the client should have something in the employee's contract covering this if they have overlooked or ignored this however I suspect it would be up to you to prove that you had reasonable grounds to think the client HAD obtained this consent if it ever got messy).

You simply can't record people at will just because it makes your normal mystery shops easier you need to be acting on a specific instruction from a client who has cleared the legal side (and as we never know if this has actually been done or not it's why I don't do these kind of shops personally)

I am however talking about English law-as ScotsBob is (presumably) in Scotland Scottish law MAY be different

Lil_Me_2

duchy wrote: »

To be clear I'm not legally qualified either and am only quoting my understanding of the law too in my post above which is consent needs to be given (in the case of a recorded mystery shop the client should have something in the employee's contract covering this if they have overlooked or ignored this however I suspect it would be up to you to prove that you had reasonable grounds to think the client HAD obtained this consent if it ever got messy).

You simply can't record people at will just because it makes your normal mystery shops easier you need to be acting on a specific instruction from a client who has cleared the legal side (and as we never know if this has actually been done or not it's why I don't do these kind of shops personally)

I am however talking about English law-as ScotsBob is (presumably) in Scotland Scottish law MAY be different

The information that I've found seems to indicate that as long as (like ScotsBob says) one party of the conversation gives consent and the recording is not made available to 3rd parties then there isn't a problem.

So if you're recording it to pass onto the client then yes there would need to be consent, however for personal use then no you don't need consent if you are involved in the conversation.

lisainglasgow

Hi everyone, hope it's a friendlier atmosphere in here this morning!
Well I got a query from RE regarding a french sandwich place I did - I went to the wrong one! So annoyed with myself, as it was just round the corner from the right one and I could have easily done it. I'm hoping I can go and do the right one later on in the week, but I am feeling like such a dunce at the moment!
I have a posh sandwich job later on today so hopefully I shouldn't mess that up.

I don't know what's wrong with me, the amount of hassles between me and RE (mostly their fault) has really got to me!

ukmonkey

Lil_Me wrote: »

The information that I've found seems to indicate that as long as (like ScotsBob says) one party of the conversation gives consent and the recording is not made available to 3rd parties then there isn't a problem.

So if you're recording it to pass onto the client then yes there would need to be consent, however for personal use then no you don't need consent if you are involved in the conversation.

The bit in green is my understanding.

In the past, I've recorded my phone calls to/from companies, just incase they dispute the conversation, I could've gone to them with a transcript, then if they still disputed that I could've offered them the chance of either agreeing that my transcript is correct, or listening to the recording and then agreeing that my transcript is correct. I never had the need to use the recordings, unfortunatley.

I'm pretty sure that you'd be able to record as long as it is for personal use.

It's a similar thing to people thinking that you're not allowed to take someone's picture without their consent - you are, as long as it is in a place that is usually accessible to the public (i.e is not by invite-only/private membership) AND you're not doing it covertly.

blondecaz

Just missed a call from a private number - hoping it's not one of the MS companies phoning about one of my reports! :-O

lisainglasgow

blondecaz wrote: »

Just missed a call from a private number - hoping it's not one of the MS companies phoning about one of my reports! :-O

It may well be :sad: But I am sure it will be fine. Have you done a load of shops recently?

MikeLB

I am having such a bad month with work there seems to be almost nothing on the horizon i need to pay for a new carpet as well lol

KaramelRose

blondecaz wrote: »

Just missed a call from a private number - hoping it's not one of the MS companies phoning about one of my reports! :-O

In my experience, if a MS company phones - they usually leave you a message and/or an email so you'll know to get back to them.

blondecaz

Thanks everyone - on the other hand it could be ITV, ringing to let me know I've won the 10,000 from this mornings GMTV comp... in my wildest dreams! :cool:

KaramelRose

blondecaz wrote: »

Thanks everyone - on the other hand it could be ITV, ringing to let me know I've won the 10,000 from this mornings GMTV comp... in my wildest dreams! :cool:

Now that would be good!

On a mystery shopping note... I MS'd a concession in a well known "blue cross" department store last week. This week I went in purely to shop (brought a fab skirt in the sale - originally £25, I got it for £6.75!) and noticed that the concession I'd mystery shopped NO LONGER EXISTED!! It had closed down!

Hope that wasn't due to my report - it wasn't that bad! I quite liked that concession...