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Online Catalogue | Voice recording products |  Frequently Asked Questions


Frequently Asked Questions

Online Catalogue | Voice recording products |  Frequently Asked Questions

Voice Recording and the Law

While every attempt has been made to ensure the accuracy of this information, it is provided in good faith. Purple Ferrets Limited recommends you follow the links provided for any updated information. Purple Ferrets Limited cannot accept any liability for reliance by any person on legal information that is supplied.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, i.e. someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see Regulation of Investigatory Powers Act

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording


Do businesses have to tell me if they are going to record or monitor my phone calls or e-mails?

No. as long as the recording or monitoring is done for one of the purposes listed below. The only obligation on businesses is to inform their own employees. If businesses want to record for any other purpose, such as market research, they will have to obtain your consent.

  • to provide evidence of a business transaction
  • to ensure that a business complies with regulatory procedures
  • to see that quality standards or targets are being met in the interests of national security
  • to prevent or detect crime to investigate the unauthorised use of a telecom system
  • to secure the effective operation of the telecom system.

  • What do I do if my calls have been recorded unlawfully?

    Under RIPA, Regulation of Investigatory Powers Act. It is a tort to record or monitor a communication unlawfully. This means that if you think you have suffered from unlawful interception of your phone calls or e-mails you have the right to seek redress by taking civil action against the offender in the courts

    Is a Telephone Recording Admissible in court?

    If a call recording is made, this is normally enough to prevent a dispute from proceeding to court. We reasonably see this as follows When 2 parties get into a dispute it tends to be because they believe the other party is being deliberately difficult. This can happen if they had a telephone conversation, but both believe they agreed on something different. By listening to the conversation it is normally obvious that either person A was right and person B was mistaken, or that person B was right and person A was mistaken. Or that they did not communicate properly at all. Normally then by listening to the call either alone or with the other party the situation can be diffused and agreement reached. This is a major advantage of call recordings that can save heading to the courts

    Further Research

    Extract from Oftel

    Recording and monitoring telephone calls or e-mails
    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 main ones are:-

    Regulation of Investigatory Powers Act Act 2000 ("RIPA")
    Lawful Business Practice Regulations Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 ("LBP Regulations")
    Data Protection Act 1998
    Telecommunications (Data Protection and Privacy) Regulations 1999
    Human Rights Act 1998


    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. It should be borne in mind that criminal offences 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 preceding information.

    Please feel free to contact Purple Ferrets Limited for further information.

    Alternatively go to Oftel's homepage: www.oftel.gov.uk or contact them direct at:
    Oftel,
    Export House,
    50 Ludgate Hill,
    London
    EC4M 7JJ
    Tel: 0345 145 000

    and go to the Information Commissioner's Homepage www.dataprotection.gov.uk or contact them direct at:

    Information Commissioner,
    Wycliffe House,
    Water Lane,
    Wilmslow,
    Cheshire
    SK9 5AF
    Tel: 01625 545700

    The DTI also has other relevant information on their website or contact them direct at:

    DTI Enquiry Unit
    1 Victoria Street
    London SW1H OET
    Tel: 020 7215 5000

    Online Catalogue | Voice recording products |  Frequently Asked Questions

    © Purple Ferrets Ltd 2007 ©, Company Name :- Purple Ferrets Limited, Company Number :- 05529547, Registered Address:- 10 Farm Road, Sevenoaks, Kent. TN14 5BL, Tel:- 0845 388 1238, Fax:- 0871 989 2123