Calls Recorded for Training Purposes

wimblewomble_2

If you have a smartphone, you can buy apps for free that record both sides of a conversation.
You can set the app to trigger on all calls, or selectively if you want.

If you get a "this call is recorded" message when being called, do you need to inform them back you are also recording the call?
I mean, if they can record, and say they may, then are they giving implicit permission that you can too?
(it would be weird if they said they can record the conversation, but reject your right to record the very same call)

wealdroam

If they say "this call may be recorded...", isn't that exactly the same as if they had said "you may record this call..."?

neilmcl

wimblewomble wrote: »

If you have a smartphone, you can buy apps for free that record both sides of a conversation.
You can set the app to trigger on all calls, or selectively if you want.

If you get a "this call is recorded" message when being called, do you need to inform them back you are also recording the call?
I mean, if they can record, and say they may, then are they giving implicit permission that you can too?
(it would be weird if they said they can record the conversation, but reject your right to record the very same call)

You don't need explicit permission to record a conversation for you own personal use.

System

No they are not giving implicit permission for you to record, you need to state also that you are going to record and the purpose.

If not then you can record but it is only for you personal use and can not be communicated to a third party.

paddyrg

!!!!!! wrote: »

No they are not giving implicit permission for you to record, you need to state also that you are going to record and the purpose.

If not then you can record but it is only for you personal use and can not be communicated to a third party.

Is that opinion or fact? Is there a legal precedent you can show for that? It would be useful to know

JimmyTheWig

wealdroam wrote: »

If they say "this call may be recorded...", isn't that exactly the same as if they had said "you may record this call..."?

I love the logic, but unfortunately any reasonable person can see that's not what they meant...

bris

paddyrg wrote: »

Is that opinion or fact? Is there a legal precedent you can show for that? It would be useful to know

Yes it's fact, you don't need to inform anyone you are recording the call, but if you don't, it can't be used against them, and must be kept private.

They tell you at the start it's being recorded to give you the chance to hang up, you would need to do the same.

oops forgot to post the link,
http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

System

paddyrg wrote: »

Is that opinion or fact? Is there a legal precedent you can show for that? It would be useful to know

From Oftel site

[FONT=Arial, Helvetica, sans-serif]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: [/FONT]

• [FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]Regulation of Investigatory Powers Act 2000 ("RIPA")[/FONT][/FONT]
• [FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif] Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations")[/FONT][/FONT]
• [FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]Data Protection Act 1998[/FONT][/FONT]
• [FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]Telecommunications (Data Protection and Privacy) Regulations 1999[/FONT][/FONT]
• [FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]Human Rights Act 1998[/FONT][/FONT]

[FONT=Arial, Helvetica, sans-serif]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.[/FONT] [FONT=Arial, Helvetica, sans-serif]

Do I have to let people know that I intend to record their telephone conversations with me?
[/FONT]
[FONT=Arial, Helvetica, sans-serif] 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.

[/FONT]

Primarily RIPA, I am sure you can find the relevant sections yourself.

Flyboy152

You can also get retrospective permission to use the recording.

BlueAngelCV

I think that there's a strong argument that if they have said that the call may be recorded that they are consenting to that, it is irrelevant who is doing the recording.

System

If that were the case (and I don't believe it is) then it can only be under the same conditions E.G. training purposes only. You would not be able to use it for other things.