Recording A Telephone Conversation

[malagabob]

I have an ongoing problem with a mobile phone refurb company. Not to go into a long explanation. I returned a faulty phone requesting a replacement. 4 weeks ago. There’s been a to and from of emails. I managed today, to get through by phone after many previous attempts. Mid way through the conversation I told the person that answered, I was recording the call He started spouting it was illegal and liable to court action. Am I by right completely free to do this.

[Baldric]

http://news.bbc.co.uk/1/hi/magazine/4801072.stm

[Old_Geezer]

Was 12 years ago, that article, but looks like you might be ok, by luck.

[douglas9401]

Of course you can record your calls.

If you get any more guff from them, Bob, just tell them it's for training and quality purposes the same way that companies do it to the public .

[New Judge]

He was incorrect.

It is not illegal to record a private telephone conversation. You can do so without the consent or even the knowledge of the other party. The difficulty arises when you want to use the recording (by disclosing it to a third party). The law then says that the other party to the call must give their consent. However, if you are dealing with a company representative (as you have) and you want to use the recording to, say, resolve a dispute over what was said, you could argue that the conversation was with the company, not an individual so you would not be using it to disclose to a Third Party. If it went beyond that to say, arbitration or a court, it would be up to the tribunal to decide whether to hear it.

[dannyk13]

As long as the other party is aware that you are recording the conversation you should be OK.
Under the Regulation of Investigatory Powers Act 2000 (RIPA), it is not illegal for individuals to tape conversations provided the recording is for their own use. ... If a person intends to make the conversation available, they must get the consent of the person being recorded

[woofgang]

Its crackers really because if you do an online chat with a company, which is pretty much a written phonecall, mostly they send, or offer to send you a transcript.

[Minkyme]

Isn’t that a breach of privacy and then a possible breach of data protection depending on what you do with their data?

Why didn’t you stop them and inform them BEFORE they stated speaking to warn them that it would be a recorded conversation and what was your agenda in recording them? A threat? Do you intend to involve a 3rd party in which case you’d need their permission otherwise open yourself up for a legal tangle?

REMEMBER, they probably now have you recorded saying MIDWAY that you’re recording them without their permission so something to be aware of.

It’s a grey area but companies worth millions with large legal teams are not something I want to waste my time and money fighting and potentially losing.

https://www.google.com/amp/s/www.thesun.co.uk/news/4093108/illegal-record-conversation-film-someone/amp/

//If you get any more guff from them, Bob, just tell them it's for training and quality purposes the same way that companies do it to the public .//

Douglas, they always warn you before you’re connected that you’ll be recorded and not midway as done by the op.

[woofgang]

You don't have to tell them or tell them why when you record and yes, the person or organisation you recorded can refuse to allow the recording to be made public.......but in a legal argument can the recording be referred to? So could you (or your representative say) "there is a recorded telephone conversation which supports the plaintiff's case but the defendant Mssrs Nickyourmoneyandscarper have refused permission for the recording to be made public"?

[IJKLM]

According to all the advice I have ever received on the subject,
you can record the conversation for your own purposes, without informing the other party, but if the other party was not aware of the recording, then it cannot be used in court.

You can make a transcript of the call and use that in court.

[Minkyme]

//there is a recorded telephone conversation which supports the plaintiff's case but the defendant Mssrs Nickyourmoneyandscarper have refused permission for the recording to be made public"?//

But you wouldn’t be able to use the evidence anyway so would then leave you at the mercy of the prosecutor sharks about to have a feeding frenzy on your cases corpse.

[woofgang]

Why would they have a feeding frenzy? Wouldn't the defendant's refusal to allow something into evidence that would prove the plaintiff's case be very suggestive indeed?

[New Judge]

“REMEMBER, they probably now have you recorded saying MIDWAY that you’re recording them without their permission so something to be aware of.”

As I said, he does not need their permission to make the recording. He does not even have to tell them that he is doing it (or has done it). As I also said, a conversation with a company’s representative is considered a conversation with the company, not the individual. If the matter leads to legal action the conversation is between the two parties involved. If it is a civil matter (as it almost certainly would be) there is no requirement to issue any “PACE” type warnings before anything is said. As has been said, a transcript of the conversation can be made and presented to the court. If one party disagrees that it is accurate and declines to have the recording played, the court will make such inferences as it thinks fit from that refusal.

[Tuvok]

Having read your other thread, have you contaced your credit card company - I think that as you used a credit card you have some protection via them.

[Peter Pedant]

// Isn’t that a breach of privacy and then a possible breach of data protection depending on what you do with their data? //

you have been given the answer - no

that it is lawful to tape/record telephone calls. Consent is one sided, and you know about it. RIPA comes up a lot which I dont understand as I think it is more likely governed in our cases (we arent the police) but the Data Protection Act - and the new super improved GDPR.

I have to say I am surprised the attorney general no less bleated "is this lawful?" - he is paid to know it is

I am surprised the mobile refurb company didnt record the call ( in which case you could get a copy on a data subject access request )

Recording by someone else of two parties yapping is quite different - is your employer a third party? - well yeah but he will probably make it quite clear that recording you is part of your employment contract.

[New Judge]

And he should also make it clear that when you answer his phone it is the "body corporate" speaking and not the individual. If he doesn't others will.