Recording Telephone Conversations

[intersimi]

Hi all,

I have just tested it and I can record telephone conversations on my mobile phone. I have a Sony Ericsson 800i. I was sure I could do it on one of my older phones too.

Basically, once the conversation has started, press 'more' key, then scroll down to 'record' and press it.

[intersimi]

Does anyone know how the law treats recording telephone conversations in this regard? Can I use it as evidance? Do I have to inform them that I am recording? Can I upload it here and still use it in court?

[Docubot]

I believe in the UK you do not have to inform them, but I could be wrong.

[richardc]

I think you do, but will check. Everyone you call tells you that your call be be
recorded.

[dannster]

Yes, you have to inform them that you're going to record the call, and you have to have their consent.

[BankFodder]

There is nothing to stop you recording a call as long as you do not tamper with equipmemt which is not yours i.e. BT telephone lines.
There is no need to give warnings that the call is being recorded.
There is no confidentiality in the call unless you have agreed with the other person in advance or there are other circumstances which make it clear that the conversation is subject to a duty of confidenatiality.
If you overhear someone else's call which is clearly of a confidential nature in circumstances which are clearly intended to be confidential then there is confidence in the recording.

There have been suggestions in other threads on this forum that warnings must be given. This is wrong.

[BankFodder]

There's a coincidence:-

Consent issue

It is not illegal for individuals to tape conversations providing the recording is for their own use, under the Regulation of Investigatory Powers Act 2000 (RIPA).

It is a civil, not criminal, matter if a conversation or email has been recorded and shared unlawfully.

And, legally, recording or monitoring are only prohibited where some of the contents of the communication are made available to a third party.

If a person intends to make the conversation available to a third party, they must first obtain the consent of the person being recorded.

Source and full story:- http://news.bbc.co.uk/1/hi/uk/4800172.stm

However, I disagree that permission must first be obtained in order to use the recording where there is no obligation of confidence. Furthermore, there is no confidence in iniquity. See my post on this point in Legalities at
http://www.bankactiongroup.co.uk/for...opic.php?t=152

[intersimi]

If a person intends to make the conversation available to a third party, they must first obtain the consent of the person being recorded.

So basically, I can make the recording without warning, but If I wish to share it with everyone here, I must obtain concent.

I think, that as it could be construded as training material, that If I were to say "I am recording this conversation for training or legal purposes" then I am covered to post it here.

Plus, as no Bank representative is allowed to view this forum under the forums Terms and Conditions, then I am covered

[BankFodder]

No.
You can make a recording and you can share it with everyone without permission if the circumstances are such that the contents of the conversation are not confidential.
You will have to look at the circumstances of each case.

I would not give a warning under any circumstances.

[martinwhite]

Is there not another issue of whether any statements recorded would be admissible in court?

I am assuming this based, amongst other things, on the fact that NOTHING you say to a police officer can be used against you unless you have first been cautioned, in other words, the warning that what you are about to say will be recorded (in one way or another).

Of course, this is criminal law, civil law may well be different.

[BankFodder]

Statement to police officers are quite a different matter and relate to the right not to be obliged to incriminate yourself.

If a recording has been obtained by lawful means then I see no basis for excluding it from evidence in court - especially if it contains evidence of iniquity.

[intersimi]

FYI (it is in the Lloyds scetion)

I have given them the warning of recording the conversation for "training and monitoring purposes". Both people were quite happy to agree, although the Indian call center lady was taken back a bit.

[ispartacus75]

Chief Constable of the Met has been found to record phone conversations with various departments and officials. (Sky news today).

The also stated that there is no legal comeback for recording a conversation, even without warning *as long as the recording is for personal use*.

Now what constitutes personal use is another thing.


As another point. I would imagine that if you told a bank remployee that you were recordig the conversation they would just refuse to speak to you. I may be wrong tho.

[monkey_uk]

I have always thought that if you record a call without telling someone then it isn't admissable as evidence in a court case.

Also, I've recorded calls to First Direct before and the 2 advisors that I did it with (oh er matron!) were fine with that, and they understood my need to do so.

[intersimi]

Originally Posted by ispartacus75

Chief Constable of the Met has been found to record phone conversations with various departments and officials. (Sky news today).

The also stated that there is no legal comeback for recording a conversation, even without warning *as long as the recording is for personal use*.

Now what constitutes personal use is another thing.


As another point. I would imagine that if you told a bank remployee that you were recordig the conversation they would just refuse to speak to you. I may be wrong tho.

Yep, you are wrong. They were completely fine saying yes.

I believe that, just like a policemans notepad, the notepad itself is inabmissable as evidance, but the police man can use his notepad to read from the "jog" his memory in court.

Likewise the recording for "personal use" is just that. You can record any conversation you like as long as you don't show anyone.

I informed the bank that I will be using it for "training, monitoring and legal reasons". Hence I can post it here as it could be regarded as training material and it can be used for other people in the legal process as to prove no manual intervention

[BankFodder]

Likewise the recording for "personal use" is just that. You can record any conversation you like as long as you don't show anyone.

Wrong, sorry.
The situation is as I have said all the way though this thread and others.
If you have some authority to the contrary then please disclose it. Otherwise your information is unhelpful to the other users.

[intersimi]

Sorry BankFodder, I didn't mean to step on your toes. Where did you get this information from, just so that I can be clear.

[BankFodder]

It's not a question of stepping on toes. I am happy to be shown that I am wrong as I can adjust my thinking and change my opinions.

I am aware of the law of trespass to property and of the legislation relating to the interception of telecommunications. I am also aware of the law relating to the legal/eqitable duty of confidence. I am also aware of the state of the law relating to privacy in this country.

From these factors I have arrived at certain conclusions as to the recording of conversations and the usefulness of those recordings.

You are very clearly of a different opinion. Please will you let us have the authority for your view. It is very important.