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Call Recording - Definative Legal Source?

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Dave Topping

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Jun 3, 2004, 6:46:15 AM6/3/04
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Hi

Anyone know, please, of a website or source for a definitive (if available)
statement and/or legal position and/or law on the legality of recording
incoming and/or outgoing telephone calls with any connected equipment
directly to or along the line or by any involved service provider, for cases
except where the 'authorities' require it, in case where the calling or
called party is not made aware at any stage during a call that such a
recording is in operation?

Many thanks
--
newsgroups-at-davetopping.com


Bill Gates

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Jun 3, 2004, 11:31:10 AM6/3/04
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It's hard to understand exactly what your asking, I presume you're trying to
cover as many bases as possible with such a long sentance. I you search
this question was asked recently and someone posted a website address that
was helpful.


Mr Geeza

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Jun 3, 2004, 1:47:10 PM6/3/04
to
I think you might find the relevant information in the telecommunications
legislation.
I believe there is an appropriate act of parliament called the
telecommunications act (or very similar).
HTH

"Dave Topping" <invalid...@davetopping.com> wrote in message
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John Kenyon

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Jun 3, 2004, 4:40:45 PM6/3/04
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"Dave Topping" <invalid...@davetopping.com> wrote in message
news:40bf0bf0$1$4588$db0f...@news.zen.co.uk...

Try looking at HMSO.gov.uk and searching for

Regulation of Investigatory Powers Act
Data Protection Act

/john


Message has been deleted

Steve Maudsley

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Jun 4, 2004, 5:35:53 AM6/4/04
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"Tony Holland" <thec...@hotmail.com> wrote in message
news:e796b693.04060...@posting.google.com...
> Let me add this:
>
> Everywhere in the world stockbrokers secretly record clients
> instruction, they know such recordings are illegal but the do it every
> single day, its important to know exactly what a client has said
> particularly when giving large buy or sell orders. You can imagine a
> typical dispute:
>
> Client places large sell order and the market goes up, the client
> disputes giving instructions, he's lost out and he don't like it and
> often such clients take the matter up with a solicitor who taking his
> client at his word issues due process.
>
> Even though the taping of the instruction was illegal, I have never
> known a judge who has refused to listen to the tape, no charges of
> illegal taping have resulted to my knowledge.

ISTR it is a requirement by the FSA to record such conversations.


Stratman

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Jun 4, 2004, 7:02:57 AM6/4/04
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"Steve Maudsley" <ne...@sjmaudsley.fsnet.co.uk> wrote in message
news:ASSY54...@assayer.co.uk...


If you look at the bottom of most bits of paper inviting you to part with
your money in exchange for untold riches, there is the phrase "Calls may
be recorded".

This clearly is giving you permission to do just that.

Well, that's my interpretation. Prove me wrong.

DD


choco

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Jun 8, 2004, 1:51:43 PM6/8/04
to
Check out http://www.retellrecorders.co.uk, they have a long legal
section which seems to cover all the bases, with links to the
governement sources.
Ruth

"John Kenyon" <etl...@gmx.net> wrote in message news:<c9o2cg$g3h$1...@ID-103048.news.dfncis.de>...

Michael

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Jun 11, 2004, 7:00:11 AM6/11/04
to

"Tony Holland" <thec...@hotmail.com> wrote in message
news:e796b693.04060...@posting.google.com...
> Let me add this:
>
> Everywhere in the world stockbrokers secretly record clients
> instruction, they know such recordings are illegal but the do it every
> single day, its important to know exactly what a client has said
> particularly when giving large buy or sell orders. You can imagine a
> typical dispute:

I dont know what kind of dodgy situation you have in UK, but in Australia
stockbrokers tape their calls and have the mandatory "taping tone" on the
line every 15 seconds


Message has been deleted

Timothy Morris

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Jun 11, 2004, 1:39:38 PM6/11/04
to
It is only illegal without a court order if neither of the participants know
the call is being recorded. If one of them does then no tone or disclaimer
is required - that's how investment banks can record every conversation and
stay within the law. When I was working in a dealing room even the payphones
were recorded and mobiles were banned (in case of insider dealing)

Tim

<hair...@despammed.com> wrote in message
news:0d5jc0pj51hustust...@4ax.com...


> On Fri, 11 Jun 2004 11:00:11 GMT, "Michael" <mic...@yahoo.com> wrote:
>
> > have the mandatory "taping tone" on the
> >line
>

> No such thing here. Though a "not listening" or "not understanding"
> tone might be of use.
>
>
> --
>
> Iain
> the out-of-date hairydog guide to mobile phones
> http://www.hairydog.co.uk/cell1.html
> Browse now while stocks last!


Martin²

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Jun 11, 2004, 7:49:06 PM6/11/04
to
>It is only illegal without a court order if neither of the participants
know
>the call is being recorded.

>If one of them does then no tone or disclaimer
>is required -

The second sentence is Wrong ! If you wish to record the call, you must
inform the other party, that's it.
Which is why you frequently get a recorded message that calls 'may' be
recorded for 'training purposes'...
Regards,
Martin


bigbrian

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Jun 11, 2004, 8:33:05 PM6/11/04
to
On Sat, 12 Jun 2004 00:49:06 +0100, "Martin²" <ne...@give.one> wrote:

>>It is only illegal without a court order if neither of the participants
>know
>>the call is being recorded.
>
>>If one of them does then no tone or disclaimer
>>is required -
>
>The second sentence is Wrong ! If you wish to record the call, you must
>inform the other party, that's it.

There is no such requirement.

>Which is why you frequently get a recorded message that calls 'may' be
>recorded for 'training purposes'...

No, it isn't

Brian

Steve Terry

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Jun 11, 2004, 11:26:29 PM6/11/04
to
"Michael" <mic...@yahoo.com> wrote in message
news:%ggyc.3911$sj4....@news-server.bigpond.net.au...

> "Tony Holland" <thec...@hotmail.com> wrote in message
> news:e796b693.04060...@posting.google.com...
<snip>

> I dont know what kind of dodgy situation you have in UK, but in Australia
> stockbrokers tape their calls and have the mandatory "taping tone" on the
> line every 15 seconds
>
Ahh.. but you live in a civilised country, here since Maggie T and John Major
introduced the "Crown (non) Prosecution service" and "Charters",
we don't have any law and order anymore.

Police pointlessly round up drunks and druggies for the courts to let go.
While Asian / Albanian Pimps groom young white girls in Bradford / London.

African illegal immigrants work as casual staff for the royal mail
so they can steal credit cards and anything useful, so much so
the credit card companies won't use the royal mail anymore.

Locally to me, armed Jamaican yardy gang fought off Police trying to
support OFCOM officials trying to close down a pirate radio station on
a mast in a MOD site. So they handed the problem over to military police
who are now expecting a gun battle with them soon.

A friend of mine was threaten at illegal gun point by Islamic Turks,
because he helped the abused wife of one of the get to a womans shelter.
Police said to him, call us when they do something.
(this is in a country with no legal gun possession anymore)

We don't have a immigration problem in this country, we have enormous
and growing law and order problem, both British and immigrant criminals
have learnt through experience to have no fear of British law anymore.

Saddams mistake was he didn't hide out in London.

Steve Terry


Firaas Rashid

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Jun 12, 2004, 3:15:20 PM6/12/04
to
It is completely legal to record both incoming and outgoing
conversations in Britain without the permission of the parties to the
conversation.

Outgoing conversations which are recorded cannot be disclosed to third
parties without the permission of the parties to the conversation.


Firaas Rashid

thec...@hotmail.com (Tony Holland) wrote in message news:<e796b693.04060...@posting.google.com>...


> Let me add this:
>
> Everywhere in the world stockbrokers secretly record clients
> instruction, they know such recordings are illegal but the do it every
> single day, its important to know exactly what a client has said
> particularly when giving large buy or sell orders. You can imagine a
> typical dispute:
>

> Client places large sell order and the market goes up, the client
> disputes giving instructions, he's lost out and he don't like it and
> often such clients take the matter up with a solicitor who taking his
> client at his word issues due process.
>
> Even though the taping of the instruction was illegal, I have never
> known a judge who has refused to listen to the tape, no charges of
> illegal taping have resulted to my knowledge.
>

> Tony Holland

Steve Terry

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Jun 12, 2004, 3:29:04 PM6/12/04
to

"Firaas Rashid" <fir...@firaas.co.uk> wrote in message
news:a6448baa.04061...@posting.google.com...

> It is completely legal to record both incoming and outgoing
> conversations in Britain without the permission of the parties to the
> conversation.
>
> Outgoing conversations which are recorded cannot be disclosed to third
> parties without the permission of the parties to the conversation.
> Firaas Rashid
>
Has anyone ever been successfully prosecuted for doing so?

Steve Terry


Hiram Hackenbacker

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Jun 12, 2004, 3:34:10 PM6/12/04
to
On Sat, 12 Jun 2004 20:29:04 +0100, "Steve Terry"
<g4...@despammed.com> wrote:

>> It is completely legal to record both incoming and outgoing
>> conversations in Britain without the permission of the parties to the
>> conversation.
>>
>> Outgoing conversations which are recorded cannot be disclosed to third
>> parties without the permission of the parties to the conversation.
>> Firaas Rashid
>>
>Has anyone ever been successfully prosecuted for doing so?

I have never heard of any prosecution. However it might be that a
Court has disallowed as evidence such a call.

I record the calls anyway - at the end of the day I wish to protect
myself and it will be for me to decide whether to make the content of
a call public.

--
Hiram Hackenbacker

Message has been deleted

Charlie Mitchell

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Jun 13, 2004, 4:15:47 PM6/13/04
to

>ssfully prosecuted for doing so?
>
>I have never heard of any prosecution. However it might be that a
>Court has disallowed as evidence such a call.
>
>I record the calls anyway - at the end of the day I wish to protect
>myself and it will be for me to decide whether to make the content of
>a call public.
>

I'd love to be able to record my calls to call centres.

Does anyone have information on where equipment can be purchased from
please?

Cheers.
--
Charlie Mitchell.
To reply remove the spamtrap.

Steve Terry

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Jun 13, 2004, 6:41:02 PM6/13/04
to
"Charlie Mitchell" <char...@charleem.co.uk> wrote in message
news:$LPDfLAz...@charleem.co.uk...
<snip>

> I'd love to be able to record my calls to call centres.
>
> Does anyone have information on where equipment can be purchased from
> please?
> Cheers.
>
Just buy a mobile phone with a MMC like a Siemens SL42 / 45
or the new Nokia 6230
Record hours of voice on the MMC

Steve Terry


PeteM

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Jun 14, 2004, 7:31:31 AM6/14/04
to
Charlie Mitchell <char...@charleem.co.uk> posted

>
>>ssfully prosecuted for doing so?
>>
>>I have never heard of any prosecution. However it might be that a
>>Court has disallowed as evidence such a call.
>>
>>I record the calls anyway - at the end of the day I wish to protect
>>myself and it will be for me to decide whether to make the content of
>>a call public.
>>
>
>I'd love to be able to record my calls to call centres.
>
>Does anyone have information on where equipment can be purchased from
>please?
>

You can buy a gadget from Maplins for about £10. It plugs into the phone
socket (like a socket doubler), and has an output lead that feeds the
MIC socket on a tape recorder.

--
PeteM

Wlodek

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Jun 16, 2004, 8:19:42 AM6/16/04
to
Now that we know it is legal, how do I persuade my P900 to record a
conversation? Anyone knows about suitable software?
TIA
W.


Ruth

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Jun 23, 2004, 11:06:43 AM6/23/04
to
Have a look at http://www.retellrecorders.com/legal/recordingcalls.htm, they
seem to have quite a lot of detailed information, including links back to
the original sources. They have sections on all recording at work, and
recording employees which that might be useful. My understanding is that in
business use, if that is what you want, you don't have to tell the other
party at all during the call that it is being recorded. Ofcom just say that
you have to let the other party know in some way, which they deliberately do
not specify, but which could be terms and conditions, or in websites of
letterheads etc.

RuthWest

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