Could we have chapter and verse on the bit about not informing people a
conversation is being recorded?  The rule in RIPA has always been that it is
legitimate to intercept a phone conversation if both parties have consented,
but otherwise not (unless you are the police or security services, etc.).
This is then modified by the provisions of the Lawful Business Practice
Regulations.  These say that you have to be intercepting for one of the
legitimate purposes specified in the Regulations and that 'reasonable'
efforts must be made to inform callers about the interception.  Has that
changed?


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: "PETER SELENIC" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, May 09, 2005 1:30 PM
Subject: duty of care and telephone recording




________________________________


There is a lively debate within this college over data protection and
our ability to meet the "duty of care" which the college has an
obligation to towards our  under eighteens.

Whilst parents have the legal obligation towards their children they
entrust the college with this obligation whilst the students are within
the college's premises.

Part of the colleges obligation should be to provide some basic
information for parents in relation to their child's attendance and
performance at the college.

The college also has a responsibility under DPA to restrict this access
to information as the college cannot be certain of their motive of the
adult requesting this information, consequently the college has a duty
to decline any request as any answer may prejudice the college's
standing.

There are a number of guidelines issued and I have searched the archives
on this one but I am unable to convince the interested parties of the
merits of either corner.

Some practical advice would be appreciated here.

On a slightly different note, I have attended a training session at
Mitel and was surprised to learn that there are no longer any
requirements on anyone to inform a person that their telephone
conversation will be recorded. I was sure that this raised some DP
implications, as a telephone recording has to be covered by the Act but
none of the telecommunications people seemed to be aware of any such
restriction. This apparently was a fall out from the Governments Anti
terrorism law, in order to provide the police with this power, the
requirement to inform the Home Office or anyone of your ability to
record a telephone conversation has gone.


Regards

Peter Selenic
DP Officer
Epping Forest College
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