My personal view is that if the individual asks to record, then there should be no problem for most occasions. I know it's not the same but I recently interviewed people for my dissertation study. I used an iPad to record the interview because of the amount I would have had to scribble down otherwise. These people knew they were being recorded. 

What if the individual was not very erudite and felt better being able to replay the conversations later to better understand what was said? By refusing are you not discriminating against them? What if they had hearing aids, and were not very socially adept? It might be useful to replay the meeting later at their leisure if for no other reason than to make sure they understood things correctly?

I would be inclined to enable staff to carry recording devices or be able to get them. That way when someone says they want to record a meeting, they can get their own copy too. That might make Staff feel a bit more comfortable?

I believe that if an individual records a conversation and it is for their own use, then that should be their right, in most circumstances.

For the record. My ipad will record a meeting with near perfect clarity even when still in a bag, so someone that feels they are dealing with an oppressive organisation could easily record with no knowledge of the other party. Mutual Trust is fine, and you may consider it an issue of mutual trust. The downside with that though is that it has to be mutual, and may well not be.

Simon Howarth MBCS CITP
www.informationedge.co.uk


-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bill Dunn
Sent: 24 July 2012 10:40
To: [log in to unmask]
Subject: Re: [data-protection] Customers Recording Conversations with Staff

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.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^