In message <[log in to unmask]>, at 15:17:29 on
Fri, 17 Oct 2008, Tim Trent <[log in to unmask]> writes
>
>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.
Prior to 1996 a "standard warn tone" was required to inform the caller
that the *particular* call was being monitored, something that was
required in those days by your licence (albeit a class licence).
Between 1996 and the current RIPA scheme in 2000 the situation was
covered by a new Condition 7 in the licence[1]. The key bit is towards
the end: "The removal of warning tones was permitted by a General
Variation provided that an alternative form of warning was given".
{That's the short version, plenty more detail where that came from...}
>Once they removed it we were able to monitor job performance with ease,
>and design training plans very much as Catherine plan
You and your Big Brother, eh ;-)
[1] Condition 7 : Privacy of messages
This is a new condition in the TSL and SPL which applies in
circumstances where you wish to use telecommunications apparatus
comprised in or connected to your system to record, silently monitor or
intrude into live speech telephone calls.
The condition provides that you should make every reasonable effort to
inform all parties to a call that it may or will be recorded, silently
monitored or intruded into. The particular means by which you choose to
do this are not specified in the condition Acceptable options, depending
on circumstances) might include warning tones, pre-recorded messages,
spoken warnings by the operator or written warnings included in
publicity material, telephone directories, contracts, terms of business,
staff notices, etc.
It may not always be possible to warn first-time callers with whom you
have had no previous contact but what is important is that you have a
systematic procedure in place which provides the necessary information
wherever this is a realistic possibility.
You should also maintain a record of the means by which callers have
been warned, which the Director [of Oftel] may request sight of. This
does not mean that you have to log each telephone call; rather that
should a dispute arise it will be possible for you to show from records
how callers were being made aware at that time.
The condition does not apply where apparatus is being used for the
purpose of law enforcement or in the interests of national security or
to calls involving the national Emergency Organisations. It also
provides that other licensees may be excluded, by means of a Director's
consent, where there are compelling factors that outweigh the normal
expectation of privacy. Such factors might apply where security is a
consideration or in the case of specialised users such as helplines. In
accordance with section 19 of the Telecommunications Act 1984 these
consents will be entered on a register open to public inspection.
This condition attempts to secure objectives similar to those which
were previously achieved through an approval requirement that equipment
capable of recording, silently monitoring or intruding into telephone
conversations should emit warning tones as these operations took place.
The removal of warning tones was permitted by a General Variation
provided that an alternative form of warning was given. The expectation
is that procedures complying with the General Variation should,
generally, also meet the requirements of this condition.
--
Roland Perry
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