Recording Conversations

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MandaC

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I was speaking to a customer today and got the distinct impression he was recording the conversation. Is it legal to record phone conversations. Am I within my rights if he is recording the conversation, not to speak to him.
 
AFAIK, it is not illegal for me to record a dialogue / conversation I am party to, whereas it is illegal for me to record the conversations of others (aka "phone-tapping").

Naturally I can opt out of a conversation I believe or suspect is being recorded, but what then; face to face meetings, written communications only or the ultimate ignominy, written communications via the legal eagles?
 
Sorry, should have clarified this was a phone conversation -
I suppose there is nothing you can do if you do not know for definite. I did not realise when I was speaking to him either that he had used abusive language to another member of staff either, or he would have been told where to go, recording or no recording.
 
Just playing devil's advocate, if the customer had told you the call was being recorded either before or during the call, would your employer have allowed you to terminate the call for that reason alone?

Similar to Mathepac, I think conversations can be recorded by one or more of the parties involved, but I'm not too sure what can be done with them if all parties haven't given their consent to the recording. E.g. I'd be very surprised if they could be used in any court case, etc.

I've had a look at the data protection website in the off chance there's something there, but it's more geared towards recordings made by businesses of their customers.
 
If person had said I am recording conversation, I would not have continued to deal with person and asked him to put his queries in writing please, or if anyone else was prepared to take the call, they could dealt with it. Likewise, had I known he was abusive to another member of staff earlier on, he would have been advised the same way.

There would not be an issue with my employer had I taken these steps.
 
I would have thought that there would be implications with the intellectual rights. Therefore illegal unless notified prior.
 
As far as I know if the person was recording the conversation then the recording is for their ears only. So what have you to worry about its just like talking to a person who can recall a conversation verbatim.

Unless you said something you should not have said and it was a test set up by your employer!!!!!
 
I asked the same question on AAM previously. It is a most disgusting thing to do to anybody. Sure some companies / Banks tell phone callers that the conversation are taped. However in my own case I had a close friend tape our conversations when I caught him. He admitted the taping and stated he tapes all conversations. What a boffoon. Needless to say he is an ex friend and he has not even made an effort to apologize. I have deemed that I will never speak to him again ever.
 
jack2009 said:
As far as I know if the person was recording the conversation then the recording is for their ears only. So what have you to worry about its just like talking to a person who can recall a conversation verbatim.

Unless you said something you should not have said and it was a test set up by your employer!!!!!
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Eh, our employer has more respect for our staff than that..................regarding saying something I should not have said, I don' t get what you mean by that.......why would I do that?

Mercman, I am on the same wavelength as you on this one. I have no problem in trying to help someone and will always try and help a genuine customer. However, if someone wants to play it that way, not interested. I would be even more annoyed if someone did that on a personal level and that would be the end of our friendship too.

BTW, have nothing to hide - just don't operate that way and I have a real problem with sneaky two faced people.
 
It's illegal to record a conversation without the consent of the other party involved. However many companies do so, for training purposes and may include a clause in their terms and conditions saying that they may record. In addition, if they inform you in advance ( eg many call centres give a recorded message) and you decide to continue the conversation, you would probably be deemed to have consented to the recording.
 
I think the phone aspect in particular adds another dimension.
By phone, strictly speaking, I don't think consent is necessarily required - simply that the person is advised that you are recording. Obviously in practice though it would amount to much the same thing as many would terminate the conversation at this point.

On the other hand, I think it is permitted to record conversations in a public place/arena.

AFAIK, I could tape people on a train for example or in a park.

What you can or cannot do with the actual recordings is another matter.
 
Mpsox said:
It's illegal to record a conversation without the consent of the other party involved. However many companies do so, for training purposes and may include a clause in their terms and conditions saying that they may record. In addition, if they inform you in advance ( eg many call centres give a recorded message) and you decide to continue the conversation, you would probably be deemed to have consented to the recording.
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Thought this might be the position allright. Thanks. It is the bit that I was not advised that got to me. If person said I am recording this, would have said, bye now, away you go.
 
mathepac said:
AFAIK, it is not illegal for me to record a dialogue / conversation I am party to, whereas it is illegal for me to record the conversations of others (aka "phone-tapping").
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I would have thought the statement above, rather than the statement below, was correct. I am, as always, open to correction.
Mpsox said:
It's illegal to record a conversation without the consent of the other party involved
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Mpsox said:
It's illegal to record a conversation without the consent of the other party involved.
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Rubbish. It is not in the slightest bit illegal. It is only illegal to record a third-party telephone conversation between two other people, when the person doing the recording is not involved in the conversation and doesn't have anyone's consent to record the conversation.

If the OP's customer was one of the two parties in the telephone conversation (which he clearly was) then he has the right to record it without telling the other person. Only one of the two parties involved needs to give consent for it to be recorded legally.

It's a rude thing to do (and that's an entirely different topic), but it is not one bit illegal.

Ask any journalist in town and they will tell you. They all do it on potentially contentious calls (and with the full knowledge and support of their lawyers, who advise them that it is perfectly legal).
 
mercman said:
I asked the same question on AAM previously. It is a most disgusting thing to do to anybody. Sure some companies / Banks tell phone callers that the conversation are taped. However in my own case I had a close friend tape our conversations when I caught him. He admitted the taping and stated he tapes all conversations. What a boffoon. Needless to say he is an ex friend and he has not even made an effort to apologize. I have deemed that I will never speak to him again ever.
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It's OT MM by why on earth would your mate want to tape your phone calls? It just seem's to be a very odd thing to do. (I'm not doubting you, just very curious).
 
batty said:
why on earth would your mate want to tape your phone calls? It just seem's to be a very odd thing to do.
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Believe me it is true. He was a very close confidant who obviously got his thrill from taping and listening others' conversations. In the heated exchange at the time, he told me he taped all his conversations. I class him as a pervert. Different strokes for different folks but alas and without an apology I will never speak with him ever again.
 
I think it's legal for you to record phone calls without consent, if you are an individual, not a company.

I don't think it'd be legal for a journalist, unless he's doing it in a private capacity.. but if he's doing it for his job he must inform the other party.

I don't believe staff should have the right to refuse to engage in phone calls if the other party is recording calls legally. I know of at least one phone company who will originally state that it's illegal for customers to record phone calls, then they'll retract this as it's not true, but they will allow their staff not to engage in phone calls if the other party is legally recording the call, I think this is wrong.

Would they allow their staff not to talk to customers who are of the wrong sex, or religion, or who support the wrong football team? Should staff be permitted to choose whether they do their job or not? (Companies should tell staff that they must take calls even if they're being recorded, and if they're unhappy with this they shouldn't take the job, or they should resign.)

A similar idea would be photos.. people who work in public places can have their photo taken.. if they don't like this can they leave their post?, and not do their job? Should the employer allow this?.. for example for hotel doormen?, or those Queens Guards in London?, or a street sweeper?, or a bus driver?


Mercman... to be honest your problem is with the use to which your friend put the recording, not with the recording itself... although I can see your point of view, and that you're unhappy about the recording itself, and not just about the use to which the recording was put.


A judge in Ireland ruled in 2006 (in a tribunal I think) that it's fine for individuals to record phone calls... he said it was similar to taking notes, or to writing down contemporaneous notes.


Companies fall under the Data Protection Act, which doesn't apply to individuals.. (but it should apply to journalists, who I don't think can record calls without permission, or without 'implied permission' which would be if a recorded message said 'calls will be recorded', and the person stayed on the line anyway)

Cheers so
 
I don't work in customer service and would be perfectly be within my rights to just say, sorry not my job, ring back to Johnny but me being me, if I encounter customers I have no problem in helping them. However, if they are rude or obnoxious in any way, sort it yourself mate, not my problem.

Thanks for the link Padraigb, this is the bit I was looking for -
The recording of such calls – whether of customers or employees – needs to be made known to the individuals concerned.

Person did not advise was recording, but tripped themself up!

I don't care what anyone else does, but I wont be entertaining them again.
 
Would people have such an issue with it if the person was making a shorthand transcript of the conversation?

I'd do it if I thought I was being railroaded, tbh.
 
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