Data Protection Laws

Can I Record My Phone Calls In The UK?

Posted by Administration on Feb 2, 2012 in Data Protection Laws, England, Human Rights Act 1998, Laws, LBP Regulations, Regulation of Investigatory Powers Act 2000, RIPA, RSS Syndicated Posts, Scotland, Telecommunications Regulations 1999, UK, United Kingdom, Wales

Can I Record My Phone Calls In The UK?  I get this question asked of me all the time, and there is obviously a lot of confusion in relation to it. Most of the confusion comes from companies based in the UK who don’t want you recording their phone calls. (Probably for sinister reasons) Banks, Finance Companies and many others have ill trained staff that state you must have there permission to record. Some will end the call stating that you are breaking the law or they don’t want you recording. I am going to lay this out for you exactly how it is and the following information comes directly from (“Ofcom”) the regulator for the UK Communications industry. Ofcom information – 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: Regulation of Investigatory Powers Act 2000 (“RIPA”). http://www.legislation.hmso.gov.uk/acts/acts2000/20000023.htm Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (“LBP Regulations”). Data Protection Act 1998. http://www.hmso.gov.uk/acts/acts1998/19980029.htm Telecommunications (Data Protection and Privacy) Regulations 1999. http://www.legislation.hmso.gov.uk/si/si1999/19992093.htm Human Rights Act 1998. http://www.hmso.gov.uk/acts/acts1998/19980042.htm 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, Ofcom or (“us”) accepts no liability for reliance by any person on the following information. Q. Can I record telephone conversations on my home phone? A. 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, i.e. someone who was neither the caller or sender nor the intended recipient of the original communication. For further For full information see the Legislation Website http://www.legislation.gov.uk/ukpga/2000/23 Q. Do I have to let people know that I intend to record their telephone conversations with me? A. 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. Q. Can a business or other organisation record or monitor my phone calls or e-mail correspondence with them? A. 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...