The following information comes directly from Ofcom, the regulator for the UK communications industry.
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:
It is not possible to provide comprehensive detail of that legislation here. Any person considering interception, recording or monitoring of telephone calls or e-mails 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, Ofcom accepts no liability for reliance by any person on the following information.
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, i.e. someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.
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.
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:
In addition, businesses can monitor, but not record, phone calls or e-mails that have been received to see whether they are relevant to the business (i.e. open an employee's voicemail or mailbox systems while they are away to see if there are any business communications stored there). For further information see the DTI website where the LBP Regulations are posted.
However any interception of employees' communications must be proportionate and in accordance with Data Protection principles. The Office of Information Commissioner (OIC) consulted on a Code of Practice on The use of personal data in employer/employee relationships. It is proposed that where the standards in the Code of Practice are, in the Commissioner's opinion, necessary for compliance with the Data Protection Act 1998 they may be directly enforceable as a breach of the Data Protection principles. Accordingly this Code of Practice and the Data Protection Act must also be considered by any business before it intercepts employees' communications. For further information see the OIC website where the draft Code of Practice is posted.
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. Businesses wanting to record for any other purpose, such as market research, will have to obtain your consent.
Under RIPA it is a tort to record or monitor a communication unlawfully. This means that if you think you have suffered from unlawful interception of your phone calls or e-mails you have the right to seek redress by taking civil action against the offender in the courts.
InstantCallRecording is a call and record service for landline and mobile use, providing you the best way to record phone calls. The service is free to use, all you pay is the low cost of the phone call.
To record a call, simply enter your details into the InstantCallRecording access number retrieval form here, and dial the number returned. When you end your call, an MP3 file of your call recording will be delivered to your email inbox. Maximum call duration of 2 hours.
Our call recorder service can be used from any landline, within 6 hours of access number retrieval.
In order to provide a hassle free call recorder service, our website has been optimised for mobile internet. Your retrieved access number can be dialled directly from your mobile web browser.
For an easier to use service, we provide extra features to help you manage your call record.
On initial use, you will be provided with a password for access to your own InstantCallRecording account page, where you can download and listen to all your recordings at your leisure.
Recordings should be available within minutes of call end, though long call durations may cause slight delays. Please enable Spam filters to accept instantcallrecording.com emails for ease of use.