Recording Telephone Conversations

[martinwhite]

If you call a company, and in the course of waiting to speak to someone, they tell you it's recorded, then I don't see why you would need to warn them. By THEM telling YOU its recorded, they are surely giving their tacit approval for YOU to record the conversation too.

 

I've no authority for this, it just seems a logical extension of the consent argument, to me.

[BankFodder]

If you call a company, and in the course of waiting to speak to someone, they tell you it's recorded, then I don't see why you would need to warn them. By THEM telling YOU its recorded, they are surely giving their tacit approval for YOU to record the conversation too.

 

I've no authority for this, it just seems a logical extension of the consent argument, to me.

 

I agree with you. But I wouldn't bother to warn them in any event.

[intersimi]

I think it depends on why you are recording the conversation. You can record it and not tell them, but only using it for your own use. You can quote the conversation verbatum, just not play it back to someone else, without the consent of the other party. Police Officers do exactly the same in courts with their note books. They use them to jog their memory (albeit word for word).

 

When I said that I was recording the conversation to LloydsTSB, no one was in objection to it. I started talking, introduced myself, got the account details over and done with, then said "Oh, I am recording this for training, monitoring and legal purposes". A coupld of them said "sorry, what did you say?". But afterwards were ok with it. Others just said, "yeah, ok".

 

Once you have their permissions (the other party), you are good to go. You can post it on this forum as "training" material, play it back to the judge etc.

 

I also found out that if you were to say to the India Call center that you are recording, and they say yes, you don't have to tell everyone else who you get passed onto. It is an implied thing, just like the banks etc do when they inform you and you pass them on to your partner etc. Best to inform the India call center etc and not the manager.

 

I found this information out, but looking at the home office webpages. I think I posted a link to them here somewhere.

[intersimi]

P.S.

 

I you don't warn them, and no one objects, then you are in the clear anyway. But to be on the safe side, I would warn them

[rednet]

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.

 

In the US, A federal court would admit the evidence. You don't need to warn the other party as long as you are aware the conversation being recorded. Are there any English precedent saying otherwise?

[Kitbag]

In a similar vein to rednets question, if you make recording without warning and your claim proceeds to court, could you make it known to the judge that the recording existed and would the judge be likely to order its admission?

[dpick]

In a similar vein to rednets question, if you make recording without warning and your claim proceeds to court, could you make it known to the judge that the recording existed and would the judge be likely to order its admission?

 

Hi I know from a case I was involved in that you can make a transcript of a recorded phone call(this was a call to my friends home phone from a DCA) and use that transcript in court as a police officer would his note book and if the defendant disagreed with transcript the judge could as in this case order the recording to be played in court.

 

dpick

[Gazza01]

Hello all

 

Have read through this thread with a great deal of interest, I was the Freedom of Information Act expert in my section when I was a civil servent when the Freedom of Information Act act was coming in and I asked the question that as all email/phone/mobile calls are now required to be kept for 7 years for security/police reasons, do they fall under the Freedom of Information Act act? is it possible to request a copy of said conversation? I was told yes as long as the time/date of the recording was known, an example of that was being seen on CCTV, it is perfectly possible to use the Freedom of Information Act to get a video copy of yourself being caught by said CCTV as long as you know the location and time.

 

Anyone know if I am correct/wrong? This would open up plus/minus possiblities I suspect. No need to inform anyone you are recording because the phone system is doing it for you.

 

Gazza01

[intersimi]

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