"This call may be recorded"

"This call may be recorded"

Author
Discussion

Super Sonic

Original Poster:

5,563 posts

57 months

Thursday
quotequote all
If you phone a company or organisation and hear a recorded message saying the call may be recorded, does this give you the right to record the call?

randlemarcus

13,554 posts

234 months

Thursday
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Interesting question. IANAL but from my reading in the past, you're on tricky ground without positive consent, and assuming consent because they have asked for yours is tricky, though perfectly logical.

Swampy1982

3,315 posts

114 months

Thursday
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I think the question is what you would want to use it for. As someone said above, you could probably do it but when it comes to using it then you'd want to make sure that you had appropriate permissions etc for the context you wanted it for.

Doofus

26,563 posts

176 months

Thursday
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You have the right to record a telephone conversation in the UK regardless of whether the other party is doing so.

The recording must be for your own purposes, and if you share any of it without the other party's consent, you may be breaking GDPR rules.

Simpo Two

85,979 posts

268 months

Thursday
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Legally, is it any different from recording/using dashcam footage of somebody's car? Or is that OK because it's in a 'public place'?

DaveH23

3,247 posts

173 months

Thursday
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Surely if they tell you the call is being recorded, then by taking your call, they themselves are agreeing to be recorded as well.

TheDrownedApe

1,078 posts

59 months

Thursday
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i have recorded all my calls for years. I used to use "all call recorder" but then when the rules changed it didn't record the other voice. Since then, if at home and on a work or phoning a company i have a contract with i use another device to record the whole conversation.

Prior to the new rules i stated to Vodafone a couple of times that i was recording the call too and they just said "stop or i end this call".

I am aware i can't share it, but often refer to it to either record minutes or clarify what was said in further communications.

Super Sonic

Original Poster:

5,563 posts

57 months

Thursday
quotequote all
I'm thinking that if they say "this call MAY be recorded" that implies permission, ie you may record the call.

RazerSauber

2,347 posts

63 months

Thursday
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Having worked in a call centre, you must inform the call centre if you're recording them. They'll often tell you it's ok but they don't permit to be shared with anyone or on Facebook and the like. The reason they use the term "may" is in case the call recording fails or is lost, though 99.9% of them are recorded and often include screen capture.

Call recording can often result in frustrated people who cannot get a straight answer because the call handler is conscious of being on record. This goes against the company if they say something will be done and later out it comes to light that it can't be done.

mmm-five

11,307 posts

287 months

Thursday
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They'd better be precise about their wording too.

"This call may be recorded." sounds like they're allowing you to do so.

"We may record this call." sounds like THEY are doing so.

Edited by mmm-five on Thursday 27th June 10:42

popeyewhite

20,292 posts

123 months

Thursday
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mmm-five said:
"This call may be recorded." sounds like they're allowing you to do so.
hehe




bmwmike

7,061 posts

111 months

Thursday
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When the person i'm talking to says that (as opposed to the robot automated intro recording things) I usually respond with "that's ok, I may be recording too". I'm specifically thinking about recent issues i've had with a pension provider and my bank, where I was going through a complaints process. There has never been an issue. I was only recording it in one case, and i didn't retain that anyway.


Tye Green

695 posts

112 months

Thursday
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is there a recommended app which you can use and set to auto record your mobile calls?

spookly

4,065 posts

98 months

Thursday
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RazerSauber said:
Having worked in a call centre, you must inform the call centre if you're recording them. They'll often tell you it's ok but they don't permit to be shared with anyone or on Facebook and the like. The reason they use the term "may" is in case the call recording fails or is lost, though 99.9% of them are recorded and often include screen capture.

Call recording can often result in frustrated people who cannot get a straight answer because the call handler is conscious of being on record. This goes against the company if they say something will be done and later out it comes to light that it can't be done.
You don't have to tell them you're recording. You have a legal right to record any phone call to which you are a party.
Businesses do have to obtain consent, people do not.

C5_Steve

3,664 posts

106 months

Thursday
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spookly said:
You don't have to tell them you're recording. You have a legal right to record any phone call to which you are a party.
Businesses do have to obtain consent, people do not.
Correct, along with Doofus' comment above. It's not the recording of the call that's the issue, it's what you do with it after.

Mont Blanc

805 posts

46 months

Thursday
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RazerSauber said:
Having worked in a call centre, you must inform the call centre if you're recording them. They'll often tell you it's ok but they don't permit to be shared with anyone or on Facebook and the like. The reason they use the term "may" is in case the call recording fails or is lost, though 99.9% of them are recorded and often include screen capture.

Call recording can often result in frustrated people who cannot get a straight answer because the call handler is conscious of being on record. This goes against the company if they say something will be done and later out it comes to light that it can't be done.
That is not true.

It is perfectly legal to record a conversation in the UK, either on the phone or in person, without informing the other party or asking permission.

As a customer, I have recorded conversations with businesses whenever I suspected they might try to wriggle out of what was verbally promised or agreed on the phone or in person in their store.

Forester1965

2,060 posts

6 months

Thursday
quotequote all
I think there are two relevant angles...

1) GDPR, as in all activities have to be in-line with the relevant data protection principles and

2) Investigatory Powers Act 2016. This act makes it an offence to share a recording with the third party without permission or lawful authority. In the case of businesses they typically rely on lawful authority given by s.46 of the act that allows them to 'intercept' the communications. That power is governed by the The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018, which lay out what a business has to do to establish lawful authority under s.46. Included in that regulation is the following: 4.—(1) Conduct is authorised by regulation 3 only if— ...

...(c) the system controller has made all reasonable efforts to inform every person who may use the telecommunication system that communications transmitted by means of that system may be intercepted.


In summary, businesses have lawful authority to record and share it if it's for specific business related purposes (establishing facts, ensuring regulatory compliance, ensuring quality standards). They don't need your permission to do it but they do have to make you aware.

As an individual, you can't rely on the lawful authority provisions of s.46. To share a recording lawfully you would need to have explicit permission from the other party to share it (see s.44).

dudleybloke

20,093 posts

189 months

Thursday
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Whats good for the goose is good for the gander.

Super Sonic

Original Poster:

5,563 posts

57 months

Thursday
quotequote all
Many thanks everybodysmile

Aretnap

1,671 posts

154 months

Thursday
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Super Sonic said:
I'm thinking that if they say "this call MAY be recorded" that implies permission, ie you may record the call.
On my way into a comedy club I once saw a sign that said "strong language may be used".

So I said to the guy in the ticket office "give me a fking ticket, you !"

Edited by Aretnap on Thursday 27th June 20:19