So if it is not unlawful to listen in on the call and the DPA only comes into play if the calls are recorded, what if the ghost listener makes hand written notes on the agents abilities and skills - I assume then the DPA comes into play

----- Original Message ----
From: "Marchini, Renzo" <[log in to unmask]>
To: [log in to unmask]
Sent: Friday, 17 October, 2008 14:18:50
Subject: Re: [data-protection] Ghost Call Monitoring

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]
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]

Phone:         029 2087 3346
Mobile :        07890 265987

Fax:              029 2087 3349

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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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