data access to telephone conversations.

[breadline]

Over the last week i have been trying to establish if the recorded telephone conversations at my bank are covered by the data protection act and can i request a copy. ( my bank have advised in writting that is not covered by teh act)

Well i have just found this on the net and would like some input if possible.


( I have deleted the section that i found on the net as it was not from a legal script and I dont want to misslead anyone, there is a good legal piece a few posts down)



thanks
BL

[MARTIN3030]

Formerly oftel..........its now ofcom that deals with complaints regarding telecommunications.

Recorded announcements usually state that calls are being recorded for "training purposes" yet how many trainees have this subject as part of their training ?

Heres a link that may give you some answers.


http://www.retellrecorders.co.uk/legal/home.htm

[StoneLaughter]

Originally Posted by breadline

Over the last week i have been trying to establish if the recorded telephone conversations at my bank are covered by the data protection act and can i request a copy. ( my bank have advised in writting that is not covered by teh act)

Well i have just found this on the net and would like some input if possible.

It does also seemed to advise that anything in which a person can be directly or in directly be identified, makes this personnel data acccessable by the act.

but here below is the part that i think may be correct for the phone call recordings and requesting copies.

1. The 1998 Act extends the provisions of the 1984 Act to include not only machine-readable data (termed automated data) but also hard-copy or written information, voice recordings, photographs, video recordings and structured manual files (all termed non-automated data) where there is ready access to information about individuals.

MODS, if i have understood this wrong in someway could you let me know.

thanks
BL

From where do you quote the text above? It's no good unless it's actually part of the Act; interpretations by other people don't carry any weight in Law, there would have to be a precedent (a previous case) or actual statute to back it up. Have you read the Data Protection Act itself? All the Acts are freely available online...

[MARTIN3030]

Looking closely into the wording of the Data Protection Act it would seem at first hand that telephone recordings are covered too.

Whether you would be entitled to the actual conversation in audio form or transcripts of it is not really clear.

I know of a case recently where a supermarket placed a banning order on a customer following suspected shoplifting.

another person was mistakenly stopped and challenged them to release all video footage which included images of him.

The supermarket had to oblige and supplied him with edited footage.

Must have been very time consuming for them but they had to legally oblige.

It is claimed that the average shopper in my town centre is filmed no less than 27 times as they walk along the high street.

Imagine everyone demanding a copy of their images ??

[breadline]

Morning
Thanks for teh replys i have been scanning around all night, ( no Bed)

I have found something better on a lawyer site.

The Data Protection Act 1998 (the “Data Protection Act”)
Outline
The Data Protection Act applies to the processing of personal data. A DQ operator would not need to comply with the provisions of the DPA if it were to only monitor the telephone calls and not to record them (or to make a record of the conversation in another way for example by making a paper record of the conversation including the personal details of the caller and that paper record was kept in a structured filing system). Processing is broadly defined and covers the recording of telephone calls.
The Data Protection Act requires the DQ operator to comply with amongst other things the eight data protection principles when it processes personal data. The key principles relevant to call recording are:
(i) transparency – the fair processing code in the Data Protection Act obliges organisations to inform individuals about whom they collect personal data, and the purpose of the processing – including, in this case, monitoring; and
(ii) proportionality/necessity – the data protection principles provide that personal data may only be collected where it is necessary for one of the lawful bases for processing, and where it is relevant and not excessive for the purpose for which it is collected. It must not be retained longer than is necessary.
These tests of transparency, necessity and proportionality are, in broad terms, consistent with the principle stated at a high level in Article 8(2) of the European Convention of Human Rights.




Im under the belief that as it is recorded for monitoring purposes, it is not! covered by the Data Protection Act
.

This is form Bird and Bird lawyer site, i can post it here cant i i dont want to be sued:o

http://www.twobirds.com/english/publ...Englishlaw.cfm

[MARTIN3030]

Im under the belief that as it is recorded for monitoring purposes, it is not! covered by the Data Protection Act



Which is probably why they say this (and advertise it) before the recording starts.......

[breadline]

Originally Posted by StoneLaughter

From where do you quote the text above? It's no good unless it's actually part of the Act; interpretations by other people don't carry any weight in Law, there would have to be a precedent (a previous case) or actual statute to back it up. Have you read the Data Protection Act itself? All the Acts are freely available online...

HI Stoney, ( please let me call you that its so cool )

I have read alot tonight all bits of the act, very good read but still it is thin on this recording buisness, at no point has it been confiirmed if a telephone conversation has to be supplie din transcript or recording.

That section wasnt off a legal site sorry, but I will make sure I take stock of your comment for my next hunt.

[breadline]

Originally Posted by MARTIN3030

Im under the belief that as it is recorded for monitoring purposes, it is not! covered by the Data Protection Act



Which is probably why they say this (and advertise it) before the recording starts.......

IF im right then most definatley, but since i had a heated convo with them i have decided not to talk to them ever again on the phone, so teh future should be ok, but im deperate for this conversation.

[sazz]

I asked for copies & transcripts of 2 separate calls to BOS. One was duly supplied with my Data Protection Act statement etc request but they hashed about with the other one with a range of excuses so didn't receive it. The reason I think is because it was an admission that the charges are penalties and the fact that they lied about certain info on my account & she confirmed this...

The problem is, the banks don't record every single call so they may use that as an excuse as to not supplying a copy, or they aren't covered by the Data Protection Act which they are! Put your request in writing using the DPA template and just ask for the 2 calls, take out the statements etc part as you are only asking for the calls. It's handy if you have the name, tele no you called, date & time etc as then they have no reason not to 'have enough info to trace it' as I've had before.

Good luck & don't take any mince from em!

[breadline]

Thanks Sazz

ive done Data Protection Act it was for 2 conversations, 1 very much full of lies in fact the guy on the end was as if he had never kown lloyds rules and just answered the phone, i have suspitions he was teh cleaner LOL, no he was employed but what for i do not know, now that conversation how surprising was not recorded.

but i have proof now that they have the other.



Im concerned that Requested can be deleted after the request? so they have sent 1 transcript and now i have a feeling tehy will say the converstaion has been deleted. As i now wish to challende the transcript as it is wrong.

Teh link here carrys teh subject over.

how do I Challenging a conversation transcript.

Might be good to get a mod to close this one off and people could link via this bit.

BL

[breadline]

Along time since up date as i have only just had some more information to post, i had delivered some more S.A.R - (Subject Access Request) - (Subject Access Request) papers off looyds today, in it there is a paragraph of a so called advised phone call.

It states that the way the calls are recorded stops them being presentable with in a Data Protection Act request.
Also that phone recordings are only kept for 2 weeks which can't be true as I applied for my recording and they where able to listen to the conversation and transcript, after 2 weeks.

there is something wrong with this phone recording set ups at lloyds.

for example we can not get a copy of a phone call,but could they if they wish use the recording in court against you? if so then surely that is unfair.

I would like to know if there was a legal letter that could be sent to llloyds stating it is your wish that they no longer record you, due to thier misted definition of thier recording process and use.

Although i now refuse to talk with lloyds on teh phone due to the above issues.

BL

[MARTIN3030]

J I can see what you are saying I think if theres anything to be had then you could find it on ofcoms website however there is different legislations for the differing applications

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:

• Regulation of Investigatory Powers Act 2000 ("RIPA")
• Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations")
• Data Protection Act 1998
• Telecommunications (Data Protection and Privacy) Regulations 1999
• Human Rights Act 1998

These are some of the ones quoted on their site.

Somewhere amongst that lot will be your answer.