Data Protection Act

devilishangel

Im not sure if Im posting in the correct area, so please inform me if Im wrong..

I Have just found out that a telesales book company 'Mango' has been recording phone conversations without the knowledge of there customers. When I asked if the calls were being recorded they exclamed, "yes, all calls are recorded." But would not comment even though he himself agreed that it is against the law. The number is: 0870 165 0165.

I myself work in one small area of security which is why I was alerted by the offence. Here is a snippet of the Data Protection Act.

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"55. - (1) A person must not knowingly or recklessly, without the consent of the data controller-
(a) obtain or disclose personal data or the information contained in personal data, or
(b) procure the disclosure to another person of the information contained in personal data.

(2) Subsection (1) does not apply to a person who shows-
(a) that the obtaining, disclosing or procuring-
(i) was necessary for the purpose of preventing or detecting crime, or
(ii) was required or authorised by or under any enactment, by any rule of law or by the order of a court,
(b) that he acted in the reasonable belief that he had in law the right to obtain or disclose the data or information or, as the case may be, to procure the disclosure of the information to the other person,
(c) that he acted in the reasonable belief that he would have had the consent of the data controller if the data controller had known of the obtaining, disclosing or procuring and the circumstances of it, or
(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.

(3)A PERSON WHO CONTRAVENES SUBSECTION (1) IS GUILTY OF AN OFFENCE."

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Can anyone offer me any advise as to where to go next? I would like to report them, as I take the DPA very seriously.

Thanks.

Paul_Varjak

I am not sure that recording phone conversations with their customers is a breach of the DPA in itself, though requesting the information would.

There are separate regulations governing recording of phone calls and these are somewhat more relaxed if you are phoning the company as a customer or potential customer.

As far as I know they are allowed to record such calls but should advise that the calls are being recorded, either at the start of the call or in some of their literature. They should also say why the calls are being recorded.

At one time it was also necessary for a 'beep' to occur at least every 15 seconds but I do not think this is any longer necessary.

I don't think that it amounts to a criminal offence anyway, even if the calls are recorded without the customer's knowledge.

Turning_into_scrooge

Paul_Varjak wrote:

At one time it was also necessary for a 'beep' to occur at least every 15 seconds but I do not think this is any longer necessary.

I don't think that it amounts to a criminal offence anyway, even if the calls are recorded without the customer's knowledge.

The beep you are talking of is only used these days when the call is an international one usually coming into a premium rate line such as a chat/tarot line also they do have to inform the client that all calls are recorded for protection of the client

EDIT.............the beep does usually come in frequently but can't remember what the timing is but i think its a bit longer than 15 seconds but i could be well wrong here

devilishangel

So recording a telephone conversation without prior knowledge from the data controller is legal? I thought it was a breach of the data protection act.

Well thanks both of you for your help.

davidcampbell

somewhere on their literature it will say they may record calls

DC

Paul_Varjak

devilishangel wrote:

So recording a telephone conversation without prior knowledge from the data controller is legal? I thought it was a breach of the data protection act.

Well thanks both of you for your help.

Who do you think the Data Controller is, the customer or Mango?

bbb_uk

Paul_Varjak wrote:

Who do you think the Data Controller is, the customer or Mango?

The data controller is in this case Mango. If you visit the Information Commissioner's website, and search for the company in question.

This may not say that they record phone calls as they may not have to declare it to the Information Commissioner so clarification would be needed.

Freebie_Hunter_2

If you had to give personal details over the phone it MAY be a data protection case - data protaction act protects your personal details so as long as they're not 'selling' them on to other companies without your knowledge or using the recorded phone calls with your personal details on for any 'audiences' (whtether training or otherwise) I don't really see what you can do.

It's certainly an invasion of privacy but it may be the case that this is all it is.

Turning_into_scrooge

devilishangel wrote:

So recording a telephone conversation without prior knowledge from the data controller is legal? I thought it was a breach of the data protection act.

Well thanks both of you for your help.

As the whether or not its ilegal to record without the knowledge of the caller i really dont know and would have to check. The reason the message comes onto a premium rate line is to inform the customer of how much they are paying a min and that the calls are recorded for thieir safety as it is against the rules of icstis and the law to frighten or worry a customer in any way through the telephone and the person doing it can be prosecuted and compensation given to the customer and of course the person whoes in the wrong being banned from working on premium rate lines.

rygon

im pretty sure it is illegal as all big businesses always ask that it may be recorded and if you would want to carry on...seems that they wouldnt do this uneccessarily...im pretty sure that when i asked about it they did state that it has to be said by law

Fatboy_NSS

The Data Protection Act covers storage of data rather than recording a conversation so this wouldn't be the piece of legislation anyway. Companies do have to tell you if they can record or monitor your phone call, but this just has to be printed next to where they advertise their phone number so they don't have to tell you on the phone. I don't see why you'd object to having a call recorded anyway, as it protects you if there is any dispute about what was said at a later date.