Azam IT recommends you get professional advice before recording calls without the permission of all the parties. Please note the enclosed information applies to the UK only as of May 2003. The law may change.
Letter received by Dr P Tsappi of Azam International Technologies Limited from the Office of Telecommunications (Oftel) -
20 May 2003
Dear Dr Tsappi
Thank you for your fax of 19 May 2003 about the recording of telephone calls.
I regret that Oftel is unable to provide consumers with legal advice on this issue. Any person - or company - considering interception, recording or monitoring of telephone calls or e-mail is strongly advised to seek his/her own independent legal advice and should not seek to rely on the general information provided in this letter.
What we can provide is a general overview of interception, recording and monitoring of communications.
The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation. The requirements of all relevant legislation must be complied with. The mains ones are:
It is not possible to provide comprehensive detail of that legislation here. Any person considering interception, recording or monitoring of telephone calls or e-mails is strongly advised to seek his/her own independent legal advice and should not seek to rely on the general information provided below. It should be borne in mind that criminal offenses and civil actions may occur when the relevant legislation is not complied with. Accordingly, Oftel accepts no liability for reliance by any person on the following information.
Can I record telephone conversations on my home phone?
Do I have to let people know that I intend to record their telephone conversations with me?
Can a business or other organisation record or monitor my phone calls or e-mail correspondence with them?
In addition, business can monitor, but not record, phone calls or e-mails that have been received to see whether they are relevant to the business (ie open and employee's voicemail or mailbox systems while they are away to see if there are any business communications stored there). For further information contact the DTI (www.dti.gov.uk).
Interception of employee's communications must be proportionate and in accordance with Data Protection principles. The Information Commissioner (IC) is consulting on a Code of Practice on The use of personal data in employer/employee relationships. It is proposed that where the standards in the Code of Practice are, in the Commissioner's opinion, necessary for compliance with the Data Protection Act 1998 they may be directly enforceable as a breach of the Data Protection principles. Accordingly this Code of Practice and the Data Protection Act must also be considered by any business before it intercepts employee's communications. For further information contact the IC (www.dataprotection.gov.uk).
Do businesses have to tell me if they are going to record or monitor my phone calls or e-mail?
What do I do if my calls have been recorded unlawfully?
Oftel does not possess any information on any cases on recording of calls that went to court.