We have a slightly pragmatic approach here. We take the view that conversations/meetings are held on the basis of mutual trust and that taping them without the consent of all parties implies that there is no such trust. If the employee feels intimidated on becoming aware of the recording then the employee may terminate the conversation/meeting. Where there is a history of recording we ask that the member of the public undertake not to record. If the member of the public refuses to stop then we have declined to have meetings/conversatuions with him/her and ask that all contact be made in writing or email. However, I think that this is rare and only used in exceptiional circumstances.
There is no obligation on an employee to allow recording but can do so if they want to.
We took the view that the chances of using the DPA is virtually nil.
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