Lee,
I assumed from Lee's query that the conversation was between a private
individual and someone in an official capacity. In these circumstances:
DPA - the domestic exemption could be relied upon
HRA - only applies to public authorities not individuals or private organisations
RIPA - not applicable because there isn't an interception and therefore LBP
Regulations don't apply either
Communications Privacy Regs - (Do you mean the Privacy and Electronic
Communications Regs?) don't prohibit recording of phone calls
RIPA regulates interceptions of communications and doesn't prohibit an
individual making a recording for their personal use. For a recording to be an
interception it would have to be made during the course of transmission. This
can be an offence if there is an intention to communicate the information to a
third party (RIPA s2(2)) but if the recording is made by a device attached to
the handset or phone of one of the parties participating in the telephone
conversation then it is arguable that no interception has taken place.
rgds,
Kevin Broadfoot
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