That's helpful, and I've changed my mind. I didn't pick up the reference to
training in the Explanatory Note because it never occurred to me that the
Regulations would authorise the use of live data for training purposes.
As far as the Data Protection Act is concerned, unless the recording is
stored in such as way that it can be retrieved by reference to the caller,
it might not be personal data, might it?
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Chris Spray" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 05, 2004 10:15 AM
Subject: Re: Telephone call recording
> If the recording is being used to review the performance of the employee
who
> took the call and to help them improve then I think organisations are
likely to
> be relying on the legitimate interests condition. A wider training use,
without
> anonymisation, would seem to be difficult to justify. I doubt that
relying on
> the description "training" for monitoring abuse of staff or "establishing
the
> existence of facts" would stand up to scrutiny? I think there would need
to be
> something like "..and for evidential purposes" as well.
>
> The lawful business practice regulations include "ascertain or demonstrate
the
> standards which are achieved or ought to be achieved by persons using the
system
> in the course of their duties". In the explanatory note to the
regulations
> there is specific reference to this including training as well as quality
> control.
>
>
> Chris
>
>
>
>
>
>
>
>
> J F Hitches <[log in to unmask]> on 05/02/2004 08:22:19
>
> Please respond to J F Hitches <[log in to unmask]>
>
> To: [log in to unmask]
> cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
> Services)
>
> Subject: [data-protection] Telephone call recording
>
>
>
> I telephoned a county council helpline this morning and was
> greeted by a message telling me that my call might be recorded
> "for training purposes".
>
> Having had my query answered I asked the operator if she had a
> means of meeting a request that a call not be recorded. She told
> me that she had no means of stopping the recording.
>
> This means that personal data which may be discussed during a
> call, is likely to be held by the council under the guise of
> being for training. The guidance within the DP community has
> always been that live data should not be used for training
> purposes unless there is no alternative.
>
> I hope the council has a means of accessing this data for SAR
> purposes when FOI hits us in Jan 2005!
>
> What do others think about call centre recordings that cannot be
> stopped even if the caller witholds permission for a recording to
> take place?
>
> It is interesting that so many organisations seem to think they
> need to record ("for training") calls to a call centre but do not
> seem to see the same need to record discussions over a help desk
> counter.
>
> Is data protection making me paranoid or is it nearly Friday?
>
> John Hitches
>
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