Call Recording Legal In Uae
Brittany Bhadd
Telephone call recording laws are legislation enacted in many jurisdictions, such as countries, states, provinces, that regulate the practice of telephone call recording. Call recording or monitoring is permitted or restricted with various levels of privacy protection, law enforcement requirements, anti-fraud measures, or individual party consent.
The federal Telecommunications (Interception and Access) Act 1979 and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations.[1] The general rule is that the call may not be recorded. Section 7 of the Telecommunications (Interception and Access) Act 1979 prohibits intercepting a telephone call. "Interception" is defined in section 6, of which one element is that it is made "without the knowledge of the person making the communication". There are exceptions to these rules in very limited circumstances, including where a warrant applies.
If a call is to be recorded or monitored, an organization must tell the other party at the beginning of the conversation so that it has the chance either to end the call, or to ask to be transferred to another line where monitoring or recording does not take place.[1]
However, it is illegal to record communications that the recording party is not participating in.[5] An illegal recording can lead to a sentence of up to five years in prison. Section 183 (Part VI) of the Criminal Code also outlaws surreptitious recording of communications without consent of one of the intended recipients.[6]
Calls and conversations may be recorded by any active participant, with no requirement to make other parties aware of the recording. It is quite restricted how can you use such recording. The main idea is to use it only for protection of your own rights guaranteed by the law. The law dealing with this is NOZ, 86 and 88 .
Calls and conversations may be recorded by any active participant, with no requirement to make other parties aware of the recording. But forwarding or playing calls considered private is illegal.The Denmark Data Protection Authority (DPA) ruled on April 11, 2019, that affirmative consent is required when companies record customer telephone calls.[7]
In the case of private persons, calls and conversations may be recorded by any active participant. There is no requirement to make other parties aware of the recording, but the use of recordings, depending on their content, may be subject to various laws, such as data protection (privacy) legislation, libel laws, laws governing trade and national secrets, and any agreements, such as non-disclosure agreements.[8]
India does not have a specific law which addresses the recording of phone calls.It is not criminal for a person to record a phone call of which they are themselves a participant without consent from the other parties although the recorders may be liable to legal action if the other party considers the action to be a breach of their privacy. However, the recording of phone calls in which the recorders are not themselves participating is illegal and prohibited by Article 21 of the Indian Constitution unless the person recording has prior consent from the participants of the call.[12][13][14]
Telephone tapping is permitted based on court order only and such permission is granted only if it is required to prevent a major offense involving national security or to gather intelligence on anti-national or terrorist activities.
Though economic offenses/tax evasion were initially covered under the reasons for interception of phones, the same was withdrawn in 1999 by the Government based on a Supreme Court order citing protection to privacy of the individual.
As per Rule 428 of the India telegraphic rules, no person without the sanction of the telegraph authority, use any telephone or cause or suffer it to be used, purposes other than the establishment of local or trunk calls.
According to the Supreme Court of Cassation, recorded conversations are legal and can be used as evidence in court, even if the other party is unaware of being recorded, provided that the recording party takes part of the conversation.[16]
Recording calls is legal and recordings can be used as evidence in court, providing the person recording is a participant to the conversation, or has consent from at least one participant from the conversation.[17]
Calls and conversations by private persons may be recorded by any active participant. There is no requirement in laws to make other parties aware of the recording, but the use of recordings, depending on their content, may be subject to various laws.[18]
Recording of phone calls by private persons falls under interception-related provisions of the Crimes Act 1961, which has a general prohibition on the use of interception devices. An exception is made for when the person intercepting the call is a party to the conversation. There is no requirement that both parties be aware of the interception.[20]
The recording of telephone calls however do fall under the purview of Privacy Act. In general, recording of telephone calls related to personal affairs does not contravene Privacy Act, whereas recording for any other purposes would. In particular, it is usually considered unfair to record someone without telling them.[21] It can still be legal to record without consent if public interest in the content of the recording is strong enough to outweigh the privacy interest or confidentiality interest.[22]
According to the Polish Penal Code (art. 267), call recording is legal for a private person only when recording person is one of the participants.[23] No consent from the other side is needed then. Similarly to Latvia, the use of recordings, depending on their content, may be subject to various laws.[24][25]
Intercepting communications falls under the provisions of the Penal Code and, in the case of electronic communications, under the Telecommunications Act (506/2004). The recording of a conversation by a private member to that conversation is specifically permitted. Nevertheless, while such recordings are legal, making use of them may fall subject to further civil or criminal law. Their admissibility as evidence also depends on the circumstances.[26]
According to Article 29 of The Communication Security and Surveillance Act of 1999, call recording is legal if the person conducting the surveillance is one of the parties in communication, or has obtained consent from one of the parties in communication, and the conduct is not for illegal purpose.
In Turkey, there are strict conditions for both the act of surveillance as well as the storage of that data, but as long as it is clear enough of what exactly is being used for as well as implementation procedures were legal by authorities, it is deemed as permissible. The subject at hand was suspected for not related criminal investigation therefore the telephone tapping was justified.[citation needed]
They may monitor without recording phone calls or e-mails that have been received to see whether they are relevant to the business (e.g., to check for business communications addressed to an employee who is away); but such monitoring must be proportional and in accordance with data protection laws and codes of practice.
Recording is sometimes advised, as in recording business transactions carried out by telephone to provide a record. It is sometimes mandatory; from March 2009 Financial Services Authority rules required firms to record all telephone conversations and electronic communications relating to client orders and the conclusion of transactions in the equity, bond, and derivatives markets.[32] In November 2011 this was extended to cover the recording of mobile phone conversations that related to client orders and transactions by regulated firms.
In Rathbun v. United States, the U.S. Supreme Court ruled in regard to interstate or foreign communication that "the clear inference is that one entitled to receive the communication may use it for his own benefit or have another use it for him. The communication itself is not privileged, and one party may not force the other to secrecy merely by using a telephone. It has been conceded by those who believe the conduct here violates Section 605 [of the Federal Communication Act] that either party may record the conversation and publish it." See United States v. Polakoff, 113 F. 2d 888, 889.
Call recording laws in some U.S. states require only one party to be aware of the recording, while other states generally require both parties to be aware. Several states require that all parties consent when one party wants to record a telephone conversation.[34]
Some states distinguish between electronic and in-person communication. For example, Illinois and Oregon are a one-party consent states for electronic communication, but require all-party consent for live in-person communication, with a few exceptions.[56]
The California Supreme Court ruled in 2006 that if a caller in a one-party state records a conversation with someone in California, that one-party state caller is subject to the stricter of the laws and must have consent from all callers (cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95[57]). However, non-disclosure recordings by one of the parties can legally be made if the other party is threatening kidnapping, extortion, bribery, human trafficking, or other felony violence. Also included in the exception is misdemeanor obscenity and threats of injury to persons or property via an electronic communication device (usually a telephone) if directed in whole or in part towards a conversation participant or family members.[58]
Following the Illinois Supreme Court's decision in People v. Clark/Melongo on March 20, 2014, which struck down Illinois' two-party consent law, Illinois was a one-party consent state.[59][60] However, the state legislature amended the statute and, as of December 30, 2014, Illinois is once again a two-party consent state for non-electronic communications.[40][41]
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