If the recording is being used to review the performance of the employee who
took the call and to help them improve then I think organisations are likely to
be relying on the legitimate interests condition. A wider training use, without
anonymisation, would seem to be difficult to justify. I doubt that relying on
the description "training" for monitoring abuse of staff or "establishing the
existence of facts" would stand up to scrutiny? I think there would need to be
something like "..and for evidential purposes" as well.
The lawful business practice regulations include "ascertain or demonstrate the
standards which are achieved or ought to be achieved by persons using the system
in the course of their duties". In the explanatory note to the regulations
there is specific reference to this including training as well as quality
control.
Chris
J F Hitches <[log in to unmask]> on 05/02/2004 08:22:19
Please respond to J F Hitches <[log in to unmask]>
To: [log in to unmask]
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: [data-protection] Telephone call recording
I telephoned a county council helpline this morning and was
greeted by a message telling me that my call might be recorded
"for training purposes".
Having had my query answered I asked the operator if she had a
means of meeting a request that a call not be recorded. She told
me that she had no means of stopping the recording.
This means that personal data which may be discussed during a
call, is likely to be held by the council under the guise of
being for training. The guidance within the DP community has
always been that live data should not be used for training
purposes unless there is no alternative.
I hope the council has a means of accessing this data for SAR
purposes when FOI hits us in Jan 2005!
What do others think about call centre recordings that cannot be
stopped even if the caller witholds permission for a recording to
take place?
It is interesting that so many organisations seem to think they
need to record ("for training") calls to a call centre but do not
seem to see the same need to record discussions over a help desk
counter.
Is data protection making me paranoid or is it nearly Friday?
John Hitches
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