Recording telephone calls

I'm curious, what is the legality of (me) recording a telephone call?

Is the recording of a telephone call illegal or just... inadmissable?  Could I record a telephone call at will provided I didn't want to rely on it later?

Basically I want to wind up cold callers with a view to putting it on Youtube, though the idea of logging HMRC telephone calls appeals too...  If they say 'calls may be recorded', does that cut both ways?

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Becky Midgley's picture

Have to tell them first

Becky Midgley | | Permalink

My understanding is that you cannot do it without telling them, I'm pretty sure that's the legal viewpoint.

Top_Cat's picture

Not neccesary to warn them if ...................    1 thanks

Top_Cat | | Permalink

..........   the other party records, such as when you ring HMRC you get the message "calls may be recorded....................", then you are totally free to also record the conversation AND to use it in court proceedings. The logic being that the other party (HMRC) KNEW that the call was/might be recorded. You are merely making your own copy.

 

Where there is no warning that a call is being recorded, it is still not illegal to record it. Indeed it can be a valuable way of ensuring you got the correct figures etc.  However, it's admissability in a court would be challenged. That does not mean it would not be admitted as evidence, it all depends on the content.

For example, if I taped someone agreing to buy my car and they later refused to do so it is doubtful if a court would allow a covert tape of the conversation to be entered as evidence, BUT, a covert recording of someone threatening to burn my house down would certainly be admitted.  Content makes a difference.  

 

As for taping cold callers, who cares, they deserve all they get.

Yesterday I had one of the "Its Microsoft here calling about your computer ....." calls.  I asked the guy if he could please tell me all about it, and could he please keep talking for at least 2 minutes as thats how long it takes the police to trace a call.  For some reason he hung up ?

 

Constantly Confused's picture

'Microsoft'

Constantly Confused | | Permalink

Top_Cat wrote:

Yesterday I had one of the "Its Microsoft here calling about your computer ....." calls.  I asked the guy if he could please tell me all about it, and could he please keep talking for at least 2 minutes as thats how long it takes the police to trace a call.  For some reason he hung up ?

 

 

It them I am after, I am quite hoping to set some sort of record and would like to add it to YouTube (but not if I go to prison for it :) )

Top_Cat's picture

You're safe -

Top_Cat | | Permalink

There's no room in jail because of all the rioters. Unless, of course, someone fancies Duck a l'orange for lunch :)

If you're targetting the idiots "from microsoft" exactly how are they going to complain?  Actually it would be great if they filed a court case, simply issue a subpaena to make them appear, and take along a representative of the local plod because I know every force in Britain would love a "chat" with these con artists.

 

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