Using recorded calls as evidence
 Re: Discussions of using recorded calls as evidenceThere is now a template letter in the templates library giving a general warning that calls may be recorded.
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this piece is intended to replace a thread called "Discussions of Using Recorded Calls As Evidence" and which seems to have disappeared from the forum.
There seems to be some disagreement as to whether or not it is lawful to record or telephone calls and whether or not a warning must be given.
I have always taken the view that there is nothing unlawful with recording your telephone calls. You are not interfering with a telephone line which is not yours. You are not causing any damage to any property. What you are really doing is simply a form of eavesdropping but recording it in a permanent or semipermanent form.
The rule seems to be that as long as your use of the recording is of your own private purposes then you are not prevented from recording a telephone call and you do not have to give a warning to the other side.
You will often hear warnings given by companies who telephone you or do you telephone that they are recording your calls. They are obliged to do this because their recordings are for business use they are not for their own private use. However I tend to feel that these warnings are really given for cosmetic purposes because companies would prefer not to be "found out" that they are recording calls as they are then likely to be accused of some kind of covert surveillance and it would be damaging to their public image.
Company warnings of telephone recording tend generally speaking to give a reason for the recording and the reason given tends generally to be that the recording is occurring for quality control purposes. This is a very reasonable basis for recording calls although I expect that the recording is very rarely used for this purpose. However I would say that it would be unlawfully that any company to use a recording that any purposes other than all the given reason.
Individual private users are not constrained in this way. They do not have to give recordings if the recording is not some commercial or public use such as broadcasting and selling on.
Private use include any reasonable use such is sharing with friends but more significantly for use as evidence of wrongdoing as the basis of a complaint or in a court of law.
If ever there was a challenge to the lawfulness of the recording, then apart from relying on the fact that the recording was made for a private use, I would also venture to suggest that the defence "self defence" where one is justified in taking reasonable action -- even normally unlawfully action -- to protect person or property.
Of course some people would still be very nervous about recording calls without warnings, and if it really bothered them it is a very simple matter to give a general warning to the company you're dealing with.
Simply write to the company that you intend to deal with, for instance your bank and put them generally on notice that you routinely record all incoming and outgoing telephone calls and that they should notice in their file on you. It is unnecessary to go on to give additional warnings to other people to whom the bank may decide to pass your personal data. If they decide to pass your file onto some other organisation then it is a matter to them to pass on any relevant correspondence including your telephone recording warning.
We have a letter in our template library which can be used with appropriate modification to serve warning on any company that you think you might be dealing with and you feel that it is necessary to record your telephone conversations.
However, once again, it is not necessary to issue warnings and our template letter is only there to your peace of mind if you were really not confident about the question.
Please feel free to enlarge upon this advice, or to dispute it or simply to comment.
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This goes for old CCTV signs if they say "for YOUR security" they could be in trouble. DPA etc.