"You are being recorded for training purposes"

  keewaa 21:42 21 Mar 06
Locked

On ringing helplines, I think it is common practice to hear announced that the conversation may be recorded for 'training purposes'. I assume that is how they get a legal way of recording the conversation.

Can I reverse that, and when I get through to someone say 'this conversation may be recorded incase you act in an unethical way !!"

I'm thinking of things like requesting a MAC code, incase the MAC is never sent, or the person tries some scare tactics. I want to scare them into helping me !!

Can I legally record a conversation with a help desk .... after all ... they regularly do it under the disguise of 'training purposes'.

  ade.h 21:57 21 Mar 06

I think that it works both ways; if the other party is informed at the start and consents, then you're okay. Not that this is likely to affect your scenario, but I don't think that it could be admitted as evidence in court.

  Stuartli 22:14 21 Mar 06

See similar thread (there is another longer one but can't find it):

click here

  keewaa 22:17 21 Mar 06

I was thinking more in terms of just scaring them into being helpful (if I'm not getting anywhere) , and having a record to fall back on if the problem persists.

I just wonder what their reaction would be to being asked .... "Do you mind if I record this conversation" :)

  keewaa 22:19 21 Mar 06

Thanks for that Stuartli.

  GANDALF <|:-)> 22:34 21 Mar 06

You can record any conversation you want to (as Ian Blair knows). What you use it for is when the solicitors start rubbing their hands.

G

  Forum Editor 00:28 22 Mar 06

provided the recording is entirely and exclusively for your own use. If you intend to provide details of the call to a third party (for use in a court case, for instance) you must inform the person to whom you're speaking BEFORE the conversation begins, and that person must consent to the call being recorded.

Businesses may record the content of any call from you or to you, without your prior knowledge and/or consent, but only :-

1. to provide evidence of a business transaction

2. to ensure that a business complies with regulatory procedures

3. to see that quality standards or targets are being met in the interests of national security

4. to prevent or detect crime

5. to investigate the unauthorised use of a telecom system

6. to secure the effective operation of the telecom system.


In addition, businesses can monitor (but not record) phone calls to see whether they are relevant to the business. 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 prior consent.

Under UK law the unlawful monitoring or recording of a phone conversation is what's called a 'tort'. That means you'll have to take a civil action against the offender - it's no good going to the police.

  MidgetMan 08:29 22 Mar 06

All of our business calls with our clients are recorded in order to show that we comply with the relevant regs in place in our industry,we do inform the clients before hand (although we do not need to) and in 7 yrs never had one refuse or complain.

  spuds 12:14 22 Mar 06

"in 7 yrs never had one refuse or complain". What would you do if they refused, have you been adviced!.

I had an sorrowful experience with a company a couple of years ago, and I informed them that I was going to make a recording of our conversation for my records,as I regarded that I was entitled to do the same as they were doing. The person who I informed seemed very concerned and annoyed, then hung up on me :o(.

A personal visit to the company with my own witness, soon resolved the issue!.

  Monument 14:45 22 Mar 06

For those that can't sleep at night

Lawful Business Monitoring click here the legislation.

  amonra 14:59 22 Mar 06

On two different occasions calling insurance companies I have told the operator on answering that "this conversation will be recorded", on on both occasions the operator hung up. Fortunately on the last occasion I had an "insider" who was aware of which operator had answered my call. Heads rolled !
What's sauce for the goose is sauce for the gander.

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