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Telephone Call Recorders - Legal Requirements

Some companies think that it is illegal to record telephone conversations. This is not true. Many organisations, big and small undertake regular recordings in order to improve the way their business operates. There are some requirements though and these are presented below.

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Is it legal to record conversations?

YES - Where organisations wish to record or monitor calls - for whatever reason - the rules under which they do so have been set by the ‘Privacy of Messages’ condition of the major telecoms class licenses. Ofcom are responsible for enforcing these licensing conditions and the following is a verbatim extract from Ofcom’s Explanatory Guide to the Licences:

"18. The condition provides that you should make every reasonable effort to inform all parties to a call that it may or will be recorded, silently monitored or intruded into. The particular means by which you choose to do this are not specified in the condition. Acceptable options, depending on circumstances, might include warning tones, pre-recorded messages, spoken warnings by the operator or written warnings included in publicity material, telephone directories, contracts, terms of business, staff notices, etc. It may not always be possible to warn first-time callers with whom you have had no previous contact but what is important is that you have a systematic procedure in place which provides the necessary information wherever this is a realistic possibility".

How do we inform people that calls are being recorded?

Although this is not specified in the condition, most people will be aware of how companies are conforming to the requirement. Adverts in magazines, TV, radio etc that invite calls to a given number usually carry a message such as "calls may be recorded or monitored for quality". Warnings can also be given in literature, terms and conditions, letterheads, e-mails and websites.

It is not necessary to have a voice announcement before each phone call. Indeed Ofcom themselves do not give such a warning but they do say on their website that "calls to the Contact Centre may be monitored or recorded".

Do I have to tell my staff that calls may be recorded?

YES. Under the above provision it states that you must inform all parties to a call that it may be recorded. Staff must also be aware that personal conversations could be recorded on their telephone and must have access to a separate telephone on the premises where they can make and receive personal calls that are not recorded. Companies that do not provide this guarantee of confidentially could be in breach of Article 8 of the European Convention of Human Rights which covers people's right to privacy.