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Q.

Do I need to let the caller know if I intend to record and / or monitor their phone call?

A.

That's a question to clarify with your legal team, however Ofcom's (Office of Communications) issue the following guidance on the subject per below. We do not warrant their guidance as accurate, true or current. We strongly recommend you seek legal advice.

Recording and monitoring telephone calls or e-mails

A general overview of interception, recording and monitoring of communications

The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation. The requirements of all relevant legislation must be complied with. The main ones are:

  • 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

It is not possible to provide comprehensive detail of that legislation here. Any person considering interception, recording or monitoring of telephone calls or e-mails is strongly advised to seek his/her own independent legal advice and should not seek to rely on the general information provided below. It should be borne in mind that criminal offences and civil actions may occur when the relevant legislation is not complied with. Accordingly, Oftel accepts no liability for reliance by any person on the following information.

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