"own use" - does that include a business's own use?
For example, could my employees record some calls for each other's use within the business, or would that count as a third party, if those call recordings remained private to the company?
The Ofcom advice linked to above[1] mentions business use specifically.
In short, businesses can only record for some specific purposes (e.g. for regulatory compliance) and they have to adhere to the principles of the data protection act. It particularly mentions some privacy issues with regard to your employees.
I think that the disclosure to other employees would be covered by the DPA guidelines - if it's required for business purposes then it's fine.
[1] http://www.ofcom.org.uk/static/archive/oftel/consumer/advice...
It seems to be standard practice to have a "calls may be recorded for training purposes" disclaimer these days. Some even say "please tell the operator straight away if you do not wish to be recorded".
This doesn't really tell you what's legal or not, but I would assume that the only reason they put that stuff in is because they have to.
They may just add the disclaimer because they find it makes customers behave better. I suspect that knowing you're being recorded may reduce the chance of you screaming abuse etc.
Re:This Call Is Being Recorded
by andyjohnson0 on Monday July 08, 2013 @10:07AM
(#6006806)
Thanks for pointing that out. Some UK-specific links:
http://www.ofcom.org.uk/static/archive/oftel/consumer/advice...
http://en.wikipedia.org/wiki/Telephone_recording_laws#United...
Can informing the other party count as getting consent? For example if at the beginning of the call person 1 says "this call is being recorded and by staying on it you consent to having it published", does that count? Or could the other person say "no I do not consent" and then continue talking?
>In the UK, it is perfectly legal for an individual to record their calls - and there is no need to inform the other party nor obtain consent.
This is missing an important qualifier. In the UK it is legal to record a call without telling the other party for your own use. However, if you intend to make the call available to a third party, you must have consent. You couldn't record a call without telling someone and then put it up on your blog, for example.
Other countries will and do vary!