Legality of recording calls in the UK
A general overview
The following information was provided to Veritape by Ofcom, the regulator for the UK communications industry:
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 observed. 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 the above legislation here. Any person considering interception, recording or monitoring of telephone calls or e-mails is strongly advised to seek their own independent legal advice and should not rely on the general information provided on this page. It should be borne in mind that criminal offences and civil actions may occur when the relevant legislation is not complied with. Accordingly, Ofcom accepts no liability for reliance by any person on the following information.
FAQs
Can a business or other organisation record or monitor my phone calls or e-mail correspondence with them?
Yes they can, but only in a limited set of circumstances relevant for that business which have been defined by the LBP Regulations (see above). The main ones are:
- to provide evidence of a business transaction
- to ensure that a business complies with regulatory procedures
- to see that quality standards or targets are being met
- in the interests of national security
- to prevent or detect crime
- to investigate the unauthorised use of a telecom system
- to secure the effective operation of the telecom system
In addition, businesses can monitor, but not record, phone calls or e-mails that have been received to see whether they are relevant to the business. For further information visit the DTI website where the LBP Regulations are posted.
Any interception of employees’ communications must be proportionate and in accordance with Data Protection principles. The Information Commissioner has published a Data Protection Code on “Monitoring at Work“, designed to help employers comply with the legal requirements of Data Protection Act 1988. Any enforcement action would be based on a failure to meet the act’s requirements. Relevant parts of the Code are likely to be cited in connection with any enforcement action relating to the processing of personal information in the context of employment. Accordingly this Code of Practice and the Data Protection Act must also be considered by any business before it intercepts employees’ communications.
Do businesses have to tell me if they are going to record or monitor my phone calls or e-mails?
No. As long as the recording or monitoring is done for one of the above purposes the only obligation on businesses is to inform their own employees. Businesses wanting to record for any other purpose, such as market research, do have to obtain your consent.
And what do I do if my calls have been recorded unlawfully?
Under RIPA (see above) it is an offence to record or monitor a communication unlawfully. If you think you have suffered from unlawful interception of your phone calls or e-mails, you have the right to seek redress by taking civil action against the offender in the courts.
