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:
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, Oftel 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.
http://www.dti.gov.uk/cii/regulatory/telecomms/telecommsregulations/lawful_business_practice_regulations.shtml
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 (http://www.dataprotection.gov.uk/dpr/dpdoc.nsf).
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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