As far as I can see it is almost certainly a breach of the
Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000 (SI 2000 NO. 2699) to record a telephone
call for training purposes without the consent of both parties.
The Regulations set out a number of cases where interception (monitoring or
recording, or both) may be legitimately authorised. These include things
like quality control, national security (of course) and a rather
nebulously-worded bit (para 3 (1) (a) (v)) covering the use of monitoring
'in order to secure or as an inherent part of the effective operation of the
system', but I don't see how this could cover training, and anyway it goes
on to refer to para 3 (3) which refers to Directive 97/66/EC which may or
may not require consent depending on how you read it.
If anyone else has fought their way through this particularly dense and
irritating set of regulations and come to a clear conclusion I would be
really grateful for a second opinion. I'm half-way through preparing a
paper to try to clarify my understanding of these Regulations, and would be
happy to work on this off-list with anyone else who feels the need.
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: "J F Hitches" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 05, 2004 8:22 AM
Subject: 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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