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
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,
Oftel accepts no liability for reliance by any person on the
following information.
Can
I record telephone conversations on my home phone?
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, ie someone who
was neither the caller or sender nor the intended recipient
of the original communication. For further information see
the Home Office Web Site
Do
I have to let people know that I intend to record their
telephone conversations with me?
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.
Can
a business or other organization record or monitor my phone
calls or e-mail correspondence with them?
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 of a business transaction
to ensure that a business complies with regulatory
procedures
to see that quality standards or targets are being
met in the interests of national security
to prevent or detect crime to investigate the
unauthorised use of a telecom system
to secure the effective operation of the telecom
system.
In
addition, businesses can monitor, but not record, phone
calls or e-mails that have been received to see whether they
are relevant to the business (ie open an employee's
voicemail or mailbox systems while they are away to see if
there are any business communications stored there). For
further information see the
DTI website where the LBP Regulations are posted.
However any interception of employees' communications must
be proportionate and in accordance with Data Protection
principles. The Information Commissioner has published a
Data Protection Code on "Monitoring at Work" available on
its website
here. The Code is designed to help employers comply with
the legal requirements of Data Protection Act 1988. Any
enforcement action would be based on a failure to meet the
requirements of the act - however relevant parts of the Code
are likely to be cited in connection with any enforcement
action relating to the processing of personal information in
the employment context. Accordingly this Code of Practice
and the Data Protection Act must also be considered by any
business before it intercepts employees' communications.
Do
businesses have to tell me if they are going to record or
monitor my phone calls or e-mails?
No. as
long as the recording or monitoring is done for one of the
above purposes the only obligation on businesses is to
inform their own employees. If businesses want to record for
any other purpose, such as market research, they will have
to obtain your consent.
What do I do if my calls have been recorded unlawfully?
Under
RIPA it is a tort to record or monitor a communication
unlawfully. This means that if you think you have suffered
from unlawful interception of your phone calls or e-mails
you have the right to seek redress by taking civil action
against the offender in the courts.
(If
you have been following the steps to contact Oftel and this
FAQ has not helped then proceed to
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