RE: OT - Recording Phone Calls

[andy.powell@xxxxxxx]

You are both right and wrong here. The key is to Mark saying it was for
his own use - If he intended to disclose it to a 3rd party then he would
have to get the person on the other end's permission.

Taking investment banks as an example: when there is a dispute then each
side listens to their OWN recording to resolve that dispute. If there was
any intention at all to disclose it to a 3rd party then it would be
illegal

An organisation can ONLY record a conversation for one or more of the
reasons below:

to provide evidence of a business transaction
to ensure that a business complies with regulatory procedures
to see that quality standards or targets are being met
in the interests of national security
to prevent or detect crime
to investigate the unauthorised use of a telecom system
to secure the effective operation of the telecom system.




A.





"Timothy Morris" <timothy.morris@xxxxxxx>
17/05/2001 14:50
Please respond to ukha_d


To:     <ukha_d@xxxxxxx>
cc:
Subject:        RE: [ukha_d] OT - Recording Phone Calls



> -----Original Message-----
> From: Paul Gordon [mailto:paul_gordon@xxxxxxx]
> Sent: 17 May 2001 12:21
> To: ukha_d@xxxxxxx
> Subject: Re: [ukha_d] OT - Recording Phone Calls
>
>
> It's my understanding that the legal requirement is that at least
> one party
> to the conversation must be aware of any recording of that
> conversation. It
>  >is< therefore completely legal to record >your<
telephone
> conversations,
> and you don't >have< to tell the other party.
>
> It becomes illegal only when none of the parties to the call are
> aware the
> call is being recorded, - the idea is to make phone tapping illegal,
but
> personal recording legal.
>
> I believe Tony Benn recorded every telephone conversation he was
> ever party
> to in this way....
>
> This was my understanding of the legislation as it stood a few
> years ago, so
> I guess things may have changed... (Alternatively, I suppose I
> could just be
> completely wrong!)
>
No you are right Paul. There's a lot of bollocks talked about this. EVERY
investment bank, b2b stock broker, pension fund, insurance company etc in
the City of London records every line going in and out of the dealing room
in case of dispute, and to give the regulators something to trawl through.
If I'd have given you my direct line number at the office, and you used it
to call me, then the call would have been recorded. I'd have been aware
that
the call was recorded, but you would have not, and that was what made it
legal.

Tim.




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