We use cookies to provide you with a better experience. If you continue to use this site, we'll assume you're happy with this. Alternatively, click here to find out how to manage these cookies

hide cookie message
Contact Forum Editor

Send an email to our Forum Editor:


PLEASE NOTE: Your name is used only to let the Forum Editor know who sent the message. Both your name and email address will not be used for any other purpose.

Speakers Corner


It's free to register, to post a question or to start / join a discussion


 

Can I record a phone conversation?


WhiteTruckMan

Likes # 0

I'm having trouble with a neighboring council (Burnley Borough Council) using baliffs to pursue a council tax debt of somebody with a similar name to me. The other person has an address in burnley, but the council has somehow found my address, stuck the other persons name on it, then passed it on to debt recovery agents i.e. baliffs to pursue. I've contacted the baliffs by phone, and in a recorded conversation which they agreed to, have notified them that this person does not and never has lived here, and that any further letters will be returned with a bill for £25 handling. They informend me that my address was provided by BBC.

Now here's where it gets interesting. I've contacted BBC debt recovery department by phone, and the first thing that you hear is a recorded message that calls my be recorded for monitoring and training purposes. However when I get through to an operator and I inform them that I am recording the call as well, they refuse to discuss anything. So do I have to disclose the fact that I am recording a call, as anything said may be a basis for a formal complaint?

WTM

Like this post
Flak999

Likes # 0

How do the rules apply to recording a conversation using your mobile phones voice recording functions? (i.e. not during a call) I seem to recall occasions where members of the public have had interactions with police officers, during which the officer has either sworn at or racially abused the person in question and subsequently this voice recording has formed the basis of a prosecution or disciplinary action against the officer.

Do the same rules about anonymous recording not apply here?

Like this post
Flak999

Likes # 0

fourm member

I was not referring to voicemail, but to the facility most phones have for making a voice recording (much like a dictaphone) separate to an actual phone call. On the Iphone this facility is called voice memo.

Like this post
namtas

Likes # 0

So is it the law or not, and if it is the law is there a different law which relates to something because it is in the public interest and then who decides if it is or is not in the public interest. Confused I am.

Like this post
oresome

Likes # 0

I once applied for a civil service job and one of the questions asked at interview was what would my action be if I became aware a work colleague was recording conversations within the office.

It did seem a somewhat strange question to ask.

Undeterred by my answer, they then asked me what I would do if a colleague was always at the water cooler chatting to the girl from accounts and their desk phone was left ringing.

PS

This wasn't a managerial or supervisory role (and I did get a job offer!)

Like this post
WhiteTruckMan

Likes # 0

fourm member

I think flak999 isnt talking about voicemail, rather an audio recording facility on the smartphone itself.

I must say that when I made my first recording of a call (as I indicated in my original post) I made the call on a landline using the speakerphone facility and used my mobile (not a smartphone) with the video recorder running, but laid flat on the table as I spoke. Not exactly high tech, but if it works.... There is a seperate audio only recorder but for some reason will only store to the phones own miniscule memory, but the video is set to save to memory card with the default size limit overridden.

WTM

Like this post
Flak999

Likes # 0

fourm member

The same rules apply.

In which case how have successful prosecutions and disciplinary action been taken against these officers using these recordings as evidence? Because they were recorded without the officers knowledge?

Like this post
Flak999

Likes # 0

Here is an example of a voice recording on a mobile phone leading to the prosecution of a police officer.

mobile phone recording of alleged racist abuse

Like this post
Forum Editor

Likes # 0

Flak999

Recording a face to face conversation with a Police Officer is an entirely different thing. It's not a telephone conversation where the two parties involved cannot see each other.

The whole business of recording phone conversations is covered by several pieces of legislation. The 1998 Data Protection requires that if, for instance, you phone someone who intends to record the call, and it would subsequently be possible to identify you from the content, they must inform you how they might use the recording, gain your consent before the recording starts, and the recording must be kept for no longer than is necessary for the purpose they outlined to you. It must also be available to you on request, at all times.

If the call is likely to contain information about your race/ethnic background, political opinion, religion, trade union membership, physical/mental health, sexual life, offences committed or legal proceedings against you the other party must gain your explicit consent - either verbally or by asking you to press a telephone key to signify acceptance. Otherwise the fact that you did not object or terminate the call would be sufficient.

Recording what a Police officer says is no different to the Police officer recording what you say, and many Police officers now have head-cams that do just that. It's simply a record of a face-to-face encounter.

Like this post
Flak999

Likes # 0

Forum Editor

I am not sure I understand fully the obviously subtle nuances of the law in question.

Are you saying that it would be inadmissible in a court of law to present a secretly recorded telephone conversation of a police officer racially abusing someone, but it would be admissible to present secretly recorded evidence of a police officer racially abusing someone if it were obtained whilst interacting with the officer on a face to face basis?

If that indeed is the case, does that not seem a slightly incongruous state of affairs?

Like this post
Flak999

Likes # 0

fourm member

Very confusing indeed!

Like this post

Reply to this topic

This thread has been locked.



IDG UK Sites

Swatch to release its own line of smartwatches to rival iWatch

IDG UK Sites

From the iPhone 6 to the iWatch and a new Apple TV we look at the products Apple is set to launch...

IDG UK Sites

Miranda July's Somebody app offers a very unusual take on messaging

IDG UK Sites

The 7 most ridiculous iPhone 6 rumours: what Apple WON'T reveal on 9 September