Thanks Renzo, Phillip, et al.
I had that feeling, though I was concerned that times might have changed
since I ran a telesales company in the nineties because so many new
things have arrived on the statute book.
We used to monitor all our agents on a "need to monitor" basis, and I
have the very devil of a job getting the "Beep" removed from the system
by our supplier who argued illegality at that time. Once they removed
it we were able to monitor job performance with ease, and design
training plans very much as Catherine plans
Marchini, Renzo wrote:
> Agreed.
>
>
> Sorry those of you that say otherwise, but it is not unlawful *in the
> UK* to monitor (ie listen in to) calls for the purposes listed in the
> regulations which includes "(cc) /ascertain or demonstrate the
> standards which are achieved or ought to be achieved by persons using
> the system in the course of their duties/"; ie quality control of
> employees.
>
> You do not need to tell employees about specific instances of
> monitoring, but you do need to tell employees (and other users of your
> telephone system) generally. You do not need to tell external callers
> unless you record (at which point DPA comes into place).
>
> The issue of whether this is good for industrial relations is another
> point. And the use to which you put the information is of course a
> question of employment law. But the listening itself is not unlawful.
>
> If you record, then DPA comes into play for employees also and there
> is detailed guidance by the ICO on that topic at
> *__http://tinyurl.com/qochx__**. See section 3 and in the
> Supplemental Code. *
>
> There are safeguards for the privacy of information. You must not use
> the systems *for the purpose of* intercepting private communications.
> If you inadvertently intercept personal communications in
> undertaking permitted interceptions then you should stop listening.
> This is not a problem where it is unavoidable in the context of
> permitted monitoring. In other words, if in the course of an
> "interception" (or the playing back of a recording) it becomes
> apparent that the monitored communication is in fact private, the
> interception (or playing back) should cease.
>
> In short,
>
> · There is no need to tell external callers that calls will be
> monitored, but you should if it is being recorded. DPA then comes
> into play.
>
> · You should inform employees that monitoring will happen
> generally.
>
> · Privacy of private communications should be respected under
> RIPA.
>
> *Renzo Marchini*
> Dechert LLP
> +44 (0) 20 7184 7563 direct
> +44 (0) 20 7184 7001 fax
> [log in to unmask] <mailto:[log in to unmask]>
> www.dechert.com <http://www.dechert.com/>
>
>
> ------------------------------------------------------------------------
> *From:* This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] *On Behalf Of
> *Bradshaw, Phillip
> *Sent:* 17 October 2008 14:15
> *To:* [log in to unmask]
> *Subject:* Re: [data-protection] Ghost Call Monitoring
>
> The DUTY is to tell staff calls may be intercepted, not that a
> particular call is being intercepted - the rest is largely down to
> good employment practices
>
> Phillip Bradshaw
>
> Information Manager
> *Clerk to the Council*
>
> *Room CY4B, County Hall*
>
> EMail: [log in to unmask] <mailto:[log in to unmask]>
>
> Phone: 029 2087 3346
> Mobile : 07890 265987
>
> Fax: 029 2087 3349
>
> *Proactive Publishing Promotes Positive Perceptions*
>
>
>
>
> ------------------------------------------------------------------------
> *From:* This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] *On Behalf Of *Tim
> Trent
> *Sent:* 17 October 2008 14:03
> *To:* [log in to unmask]
> *Subject:* Re: [data-protection] Ghost Call Monitoring
>
> I'm afraid that time has moved on since this was accepted business
> practice. While it looks as if you are simply "putting the call
> on speaker", which you really are doing, and while it appears to
> be wholly reasonable to monitor the outbound and inbound
> activities of telesales agents, it appears to be unlawful.
>
> Thinking about this logically, it is the agent's privacy that you
> are invading, because there is no notification that someone else
> is on the call. The external party was simply expecting to speak
> to your company, and it does not matter, logically, whether they
> speak to one person or a cast of thousands.
>
> The question I have for those who have responded at once with
> chapter and verse of non DPA regulations and statutes is "If one
> notifies all telesales agents that a supervisor may listen in to
> any and all calls without notice or announcement for (list of
> purposes), does that render any part of this lawful?"
>
> Catherine Schalk wrote:
>> Hi Folks,
>>
>> Can anyone tell me what the implications would be relative to
>> data protection for an individual to secretly dial into a
>> telesales employee's call with a prospect or customer to guage
>> the telesales employee's skill level in dealing with the
>> customer, handling difficult questions or objections etc..
>>
>> The outcome of monitoring the call in such a manner would be to
>> build customized learning paths for each telesales employee. The
>> telesales employee would never be informed that their call was
>> monitored or the results of the assessment made by the individual
>> monitoring the call.
>>
>> Catherine
>>
>>
>
--
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