This is A VERY GOOD QUESTION...
Simply because an interception is lawful under RIPA and/or the Lawful Business Practice Regs does not necessarily mean that it is fair/lawful under DPA. I think in order to establish whether a Schedule 3 condition can be met the question needs to be turned back to you - for what purposes do you record conversations? and, in what circumstances is sensitive personal data discussed (and recorded)?
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Marilyn Barton
Sent: Wednesday 23 November 2011 23:23
To: [log in to unmask]
Subject: [data-protection] Call Recording in a call centre
We are a housing association, recording all calls to and from our call centre for lawful business purposes.
I know that it is not necessary to advise callers during the course of the call that the call is being recorded, so long as we have made reasonable effort to inform potential callers that this is our practice. We don't have a recorded message advising callers that their call may be recorded, but we have taken actions to make our customers aware that recording may take place via letter headings, publications and our web site. In surveys we have been praised because, rather than having to go through an automated process to reach an operator, calls are answered directly by an advisor, so we would like to avoid a recorded message if we can.
Our dilemma is whether this is adequate when discussing sensitive personal information, as defined in the DPA and whether we are meeting the conditions in Schedule 3 of the Act. Should we be requesting explicit consent to record calls if sensitive personal information is being discussed?
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