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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