Slightly off-thread question - when & how is a conversation between the
Attorney General and the Metropolitan Police Commissioner classed
as 'private', as reported in the Telegraph?
If Ian & Peter were chatting about how to kill greenfly on roses, or
arranging to meet later down the pub, I can see that would be private -
regardless of whether the call was made during office hours and using the
office phone. In which case the domestic purposes exemption kicks in. With
the caveat that, if your employer makes clear their policy to record /
monitor, then your use of office phone to make / take personal calls is at
your own risk.
But would expect any conversation between them in the context of their
function as MPC & AG on policing / legal / policy matters is
necessarily 'official' - and on this occassion they were supposedly
discussing use of wire-tap evidence in court (how ironic!).
According to the old OFTEL guidance, businesses are not necessarily
required to advise that they record calls - depends why - and private
individuals only have to do so if they intend disclosing the recording to a
third party (still available at
http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.ht
m).
So if, as Sir Ian claims, he taped the call as an 'aide memoire' because he
didn't have a note-taker AND he had no intention of sharing with a third
party, then seems to me he hasn't actually done anything wrong. Recording
for personal use is surely no different to pencil scribbles on a bit of
paper? Reactions of government, members of PCC, press, etc. seem a bit over
the top!
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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