Can I record phone calls?

rubberduck · 26 Sep 2016 at 18:11

Heya

Can I 'get away' with recording personal phone calls if I say it is for training purposes? I'm not a businees but lets 'pretend' I wanted to work on my telephone manner and needed to replay the calls to listen in order to self critique myself and improve. Would this hold up in a court of law?

Thanks

Brizzles · 26 Sep 2016 at 18:15

For self critique - Yes

For Court of law - Different ball game

Longbow · 26 Sep 2016 at 18:18

It's legal, but you can't release the audio unless it's in the public's interest.

Mynight · 26 Sep 2016 at 18:29

I don't think a court of law cares about your telephone manner

.

More accurate information might produce a solution.

datalol-jack · 26 Sep 2016 at 19:11

Erm, yes, though it'd be nice to let your mates and family know your cunning plan.

Third Opinion · 26 Sep 2016 at 19:28

Do businesses need to let customers know their call is being recorded?

Mynight · 26 Sep 2016 at 19:34

Yes afaik.

Housey · 26 Sep 2016 at 19:37

You are perfectly entitled to record any personal call, with or without telling the person on the other end. The issue comes should you wish to do anything with it other than reference it personally or provide a transcription of it.

datalol-jack · 26 Sep 2016 at 19:37

Third Opinion said:
Do businesses need to let customers know their call is being recorded?

Consent is needed in some cases. Enjoy: http://www.businesssystemsuk.co.uk/is-call-recording-legal#1_Legal.

Diddums · 26 Sep 2016 at 19:39

Housey said:
You are perfectly entitled to record any personal call, with or without telling the person on the other end. The issue comes should you wish to do anything with it other than reference it personally or provide a transcription of it.

This.

I've been down this road legally, albeit a few years ago. The following info may have changed so don't take this as gospel:

You can record any conversation legally in which you are a participant. This can not be used as evidence in court however it may be played to a jury unofficially.

If you record any conversations in which you're not taking part, you're breaking the law.

Third Opinion · 26 Sep 2016 at 19:42

datalol-jack said:
Consent is needed in some cases. Enjoy: http://www.businesssystemsuk.co.uk/is-call-recording-legal#1_Legal.

Yeah just found that thanks.

Slightly hijacking the thread or going off subject but would appreciate expert advice.

We have a new VOIP system. When a customer rings on a withheld number we cannot see it on our phone system display. However the actual number is sent to our software and the recording shows the number they dialled from.

We don't use the numbers and delete ASAP. Anyone know the law on withheld numbers, like I say we don't call them, sell them or use them for marketing purposes.

datalol-jack · 26 Sep 2016 at 19:59

Third Opinion said:
Yeah just found that thanks.

Slightly hijacking the thread or going off subject but would appreciate expert advice.

We have a new VOIP system. When a customer rings on a withheld number we cannot see it on our phone system display. However the actual number is sent to our software and the recording shows the number they dialled from.

We don't use the numbers and delete ASAP. Anyone know the law on withheld numbers, like I say we don't call them, sell them or use them for marketing purposes.

This is covered by the Data Protection Act and PECR. https://ico.org.uk/ has information on standards like these. In brief:

What does the Data Protection Act say about keeping personal data?

The Act does not set out any specific minimum or maximum periods for retaining personal data. Instead, it says that:

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

This is the fifth data protection principle. In practice, it means that you will need to:

review the length of time you keep personal data;

consider the purpose or purposes you hold the information for in deciding whether (and for how long) to retain it;

securely delete information that is no longer needed for this purpose or these purposes; and

update, archive or securely delete information if it goes out of date.

As for PECR, you should have the facilities in place which allow keeping within the caller's privacy settings, such as their withheld number preference. So, as it doesn't show up live, I think you're fine. There are exemptions for emergencies and crime prevention for tracing calls, but they don't apply here. Don't sweat it and follow your data procedures.

EGuitarStar · 26 Sep 2016 at 20:54

I've recorded phone calls to EE but by letting the person know I was recording beforehand and then sent it to heads of departments after I was getting nowhere with their support staff, it made a hell of a difference.

I did however remove the identities of the persons involved other than mine.

soundb0y · 26 Sep 2016 at 21:14

Yeah I use an android app called total recall. Mostly just to record my dad when he later swears he never said what he did

jpaul · 26 Sep 2016 at 21:16

What are you planning to use to record them ?

I did not know that was available on mobiles and equally on IP phones (currently using X-lite) I do not think I have that capability either.

bainbridge · 26 Sep 2016 at 21:24

Why would you want to record personal calls?

If you start every personal call by saying "all my calls are recorded" then you're covered if you need to use a call, for example to settle a dispute, but it would be a complete ballache having to say it every time.

In my workplace the ivr tells every customer that our calls are recorded, but if we're ringing a customer, for example about a complaint, then we have to tell them the call is recorded because there's no ivr to tell them on an outbound call. The reason we MUST tell them is because if they go to the Ombudsman and we want to use the call as evidence in our defence the customer must've been told it was a recorded call, otherwise we can't use it.

I'm thinking of recording my outbound calls if I have a complaint to make but haven't got round to it.

413x · 26 Sep 2016 at 21:54

I have a recorder app. It's pretty awesome. I've also used it to record contacting my old electric company. As sand. It gets results.

It's on by default. Useful as I don't need to write down any numbers read out etc etc

h4rm0ny · 26 Sep 2016 at 22:09

Don't record your voice - you'll hate it. It sounds very different when recorded and it puts most people off. Just do some voice exercises like actors do and make a conscious effort to think before you speak when talking. Those two will help.

Housey · 27 Sep 2016 at 10:24

I often record mobile calls for business purposes and also personal calls when getting into contentious situations. I don't record friends or family as there is no point. I have had board and advisory roles in the call recording and analytics tech sector in the past so it's always been something I've had access too for no charge and I have found it useful to be able to search calls for areas of discussion I want to reference.

Feronix · 27 Sep 2016 at 12:11

My Xiaomi phone has a recording function built-in in the caller app... was always wondering if I could legally use it :rolleyes: