Call Recorder FAQ
Recording and monitoring of telephone calls
The following information is courtesy of OFCOM, the UK communications regulator.
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 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, neither Sundial Telecom Limited or OFCOM accepts any liability for reliance by any person on the following information.
Q – Can I record telephone conversations on my home phone?
A – 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.
Q – Do I have to let people know that I intend to record their telephone conversations with me?
A – 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.
Q – Can a business or other organisation record or monitor my phone calls them?
A – 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.
Q – Do businesses have to tell me if they are going to record or monitor my phone calls?
A – 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.