Jon Wilcox takes a brief look at the legality of recording telephone conversations with clients, and what technological options are available for those looking to do just that.
When AccountingWEB member ShirleyM posed an Any Answers question about telephone call recording, the community responded with a barrage of comments and answers.
Shirley asked whether any members warn incoming callers the call is being recorded, and also if so do they notice it acting as a deterrent for existing (or potential) clients from calling.
While some said they did not record calls at all because (in reference to Orwell’s literary classic) it is not 1984, others like member Albert Camus, shared stories of when they wished they had done just that. AccountingWEB member TopCat said he thought it was “extremely foolish” if calls weren’t recorded at all!
According to Ofcom, the legality of recording telephone conversations is raised in several pieces of UK legislation, including the following
- Regulation of Investigatory Powers Act 2000 (RIPA
- Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 (LBP Regulations)
- Data Protection Act 1998
- Telecommunications (Data Protection and Privacy) Regulations 1999
- Human Rights Act 1998
Avoiding the complicated legalese, the bottom line is this: Users of phone recording equipment do not have to tell people their call is being recorded for personal use. However, if the content of the call is to be shared with a third-party, then the caller should be made aware that a recording is being made and permission should be soughtt that.