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Answers: Legal implications of call recording


“Is it possible for someone to tell me the certain legal implications to start recording calls in an Inbound Contact Centre, such as Data Protection etc?”

Answer 1:

The short answer is that callers legally need to be made aware that their calls are, or may be recorded, for either training purposes, quality control or simply theirs and your staff’s protection.
You would need secure storage for all archived calls, and either a soundproofed audit room or headphones when carrying out call audit to ensure that caller details or the nature of their call can’t be overheard by people who don’t particularly need to hear them.
As an aside, if you were listening into the call live, callers would also need to be made aware of this too. Callers also have the right to obtain a recording and/or transcript of their calls. Hope that gives a few pointers.

Thanks to Rob for his answer. 

Published On: 30th Jun 2008 - Last modified: 8th Aug 2017
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3 Comments
  1. Sorry to disagree with Rob, above, but there is no legal requirement to notify callers that their calls are being recorded or listened to. It is certainly good practice, and we always recommend to our customers that they do notify callers. However, it is not a legal requirement.

    It is true that if recordings of calls are retained by companies, then customers can certainly ask for copies, just like they can with any other personal information kept about them, under the Data Protection Act.

    Emma.

    Emma Jenkins 18 Jun at 10:47 am
  2. Hi Emma

    I’m not sure that “there is no legal requirement to notify callers that their calls are being recorded or listened to” is correct.

    I will double check with other people to validate this.

    Jonty

    jonty pearce 18 Jun at 5:38 pm
  3. Hi Emma

    Checking through my files I beleive that this is covered by the The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000

    It says that you can intercept (tap and record telephone calls in a number of circumstances where –
    “Interceptions are authorised only if the controller of the telecommunications system on which they are effected has made all reasonable efforts to inform potential users that interceptions may be made.”

    I would read that “all reasonable efforts to inform potential users that interceptions may be made” should mean that you have to make it clear to callers that they calls are being recorded.

    This could be in the form of marketing materials, contracts that you have with them or recorded messages.

    jonty pearce 19 Jun at 1:35 pm
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