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Old chestnut - recording phone calls

still_savin
Posts: 63 Forumite


Trying to get my head round this RIPA stuff and failing miserably - I'm just checking please on the recording phone calls business. The person I was on the blower to today hung up on me after I told her that I was recording the call, and that I'd been recording all our calls up to now. She reckoned this was unlawful, and I have to admit to finding that a bit funny - when I ring her, I get a telephone system answer first which asks me to pick the appropriate option, and then it says "Just so as you know, we may record these calls for quality assurance". In essence, then, she appeared to think that it was absolutely fine for her company to record calls, but it was most definitely wrong for me to record the same call...
Now having had her question the issue, I was pretty sure that it was fine to record the call as long as one party (that'd be me then) was aware of it. The two bits where I'm sticky are:
(i) Do I have to specifically tell them I'm recording the call? Surely the fact that they've already told me THEY are recording it means we both accept a recording is being made?
(ii) This bit about it being okay as long as its only for your own use... Well yes it is, so I can challenge them when they say something tomorrow that's different from what they said yesterday. But am I then not allowed to use it at a later date, when for example referring the issue to an external arbiter? Or is this bit dependant on the first bit, i.e. if they give permission to record, then I CAN use it elsewhere?
TIA!
Now having had her question the issue, I was pretty sure that it was fine to record the call as long as one party (that'd be me then) was aware of it. The two bits where I'm sticky are:
(i) Do I have to specifically tell them I'm recording the call? Surely the fact that they've already told me THEY are recording it means we both accept a recording is being made?
(ii) This bit about it being okay as long as its only for your own use... Well yes it is, so I can challenge them when they say something tomorrow that's different from what they said yesterday. But am I then not allowed to use it at a later date, when for example referring the issue to an external arbiter? Or is this bit dependant on the first bit, i.e. if they give permission to record, then I CAN use it elsewhere?
TIA!
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Comments
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I think you have to inform them, yes0
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RIPA only applies to public bodies using surveillance techniques to monitor people - and it will almost always only be needed when investigating crime or anti social behaviour. Therefore I don;t think it can apply to you as an individual.
There may be an issue with having to make them aware of the recording but for the purposes you have made the recording i dont think its a big deal if you didnt tell them.0 -
In this classic thread ( Having fun with Debitas )...
From memory, because it's a lo-o-ong thread to check through:-
The OP recorded the calls (though I can't remember if he informed them or not).
He was not allowed to make them available for public listening.
He was allowed to present them (to some degree?) at arbitration.Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.Never ascribe to malice that which is adequately explained by incompetence.DTFAC: Y.T.D = £5.20 Apr £0.50
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As far as I'm aware you do not have to tell someone that you're recording them during a phone call, but, if you don't disclose that you are, then you can't disclose the recording to a third party. A transcript can be made, I believe, and also people can be made aware that such a recording has taken place, and the gist of what was said.There's a storm coming, Mr Johnson. You and your friends better batten down the hatches, because when it hits, you're all gonna wonder how you ever thought you could live so large and leave so little for the rest of us.0
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