Had a laugh this morning.
Rang an insurance company for a quote (new business). Got the spiel about 'call being recorded for training purposes'. I then told them that I was also recording the call on my digital answer machine (which has this facility). The girl on the other end then said that she could not speak to me and would have to refer the matter up to a supervisor and call me back!!
Very interesting......
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The only time I did that they retorted "that's illegal". Never did say why, or why it's legal for them but not for me. But why, oh why, do they give us this guff about recording "for training or to improve our sevice to the customer" when it really means "so don't go telling us your usual porkies, you lying toad".
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It us legal as long as one or more of the parties is aware, ie if you are making the call and are recording it, you don't HAVE to tell them.
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uk legal - both parties have to be aware.
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Which is what I told 'em, PU, but they still got sniffy about it.
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>>>Which is what I told 'em, PU, but they still got sniffy about it.
If one party is going to record a call, they have to notify the other party. Pretty straightforward.
However, nothing says that they have to agree to continue the call once you tell them.
When you call them and they give you the spiel, you'd be perfectly entitled to say "I'm not happy with that, if you'd like my continuing custom then please arrange to call me back with no recording system in place."
How they'd react is anybody's guess. Depends how much they want your business.
My hunch in the case mentioned at the start of the thread is that the person in the call centre had no guidelines at all on how to deal with a caller declaring that they'd be recording the conversation. Accordingly, they probably refused to continue the call and refer it to their supervisor out of caution - after all you could have been a journalist or a law enforcement officer. Probably the right decision - when you encounter a situation at work that you don't know how to deal with, do you ask someone in authority or do you guess?
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My hunch in the case mentioned at the start of the thread is that the person in the call centre had no guidelines at all on how to deal with a caller declaring that they'd be recording the conversation. Accordingly, they probably refused to continue the call and refer it to their supervisor out of caution - after all you could have been a journalist or a law enforcement officer. Probably the right decision - when you encounter a situation at work that you don't know how to deal with, do you ask someone in authority or do you guess?
I would tend to agree with this, I never had it happen to me when I was working in a call centre, but if someone had declared that they were recording a call then I would have either refused to deal with them further, or I would have referred their questions to a manager and then called them back with the official company answers.
Blue
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It is illegal to record a private telephone conversation unless you first inform the caller if you intend it to be made available to a third party.
But don't tell MI5...:-)
Details at:
www.callcorder.com/phone-recording-law-uk.htm
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What\'s for you won\'t pass you by
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But does 'third party' include one's legal or fiancial adviser? Would that preclude using the recording in evidence?
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Phone taps are only admisable as evidence in court if ONE of the parties is aware.
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Pugugly, I would be most interested to see the legislation where you get that from.
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pu is right you have to inform the other party if you record a call it is law,although insurance usually say may be recorded. older recording devices used to emit an audible beep every 30 seconds or so making you aware that the recording machine was active. ...cheers...keo
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>>Phone taps are only admisable as evidence in court if ONE of the parties is aware.>>
If something is being recorded than one of the parties MUST be aware...:-)
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What\'s for you won\'t pass you by
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I regularly tap my sister's phone and niether her nor her best friend know about i....whoops!
;-)
--
Adam
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Schiz.
I will look it up. Although if memory servs me right it may be an OFTEL requirement not law...Phone taps are can only be authrised by the Home Secretary. RIPA legistlation covers evidential thingies (as we call them in the trade ;-) )
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"If something is being recorded than one of the parties MUST be aware...:-)"
I am not sure the people who work at Vauxhall Bridge House think that is required!
Why are insurance company calls recorded? well training is one part for sure. Not when you are phoning the claims department tho. Calls are automatically recorded & put through voice stress analysis (lie detecting)
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Surely a 'phone tap' is covert. Declared recording of calls is not.
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Quite right - very different.
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IANAL and don;t know if this is correct or not - from a bit of software used to record calls.
The United Kingdom
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 2000 ("RIPA"). · 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.
Recording Private Calls
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.
According to Oftel, you do not have to let people know that you intend to record their telephone conversations, 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.
Businesses and Other Organizations
A business or other organisation cam record or monitor phone calls n a limited set of circumstances relevant for that business which has been defined by the LBP Regulations. The main ones are:
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.
Businesses do not have to tell if they are going to record or monitor phone calls. As long as the recording or monitoring is done for one of the above purposes 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.
Where organisations do feel it necessary to record or monitor calls - for whatever reasons - the rules under which they do so have been set by the Privacy of Messages condition of the major two telecom class licences - the Self-Provision (SPL) and Telecommunication Services (TSL) Licences. The most fundamental requirement of this condition has been that every reasonable effort is made to inform all parties to a telephone conversation that it may or will be recorded.
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Although interesting,
This thread seems to have shifted very quickly from a motoring topic.
Hint hint.
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Only obliquely, surely. It's a fact of life when renewing your vehicle insurance or talking vehicle finance.
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Presumably the reason you record is to make available to a third party in the event of a squabble..tell them I would worth it for the jobsworth reaction and the fact that you are disclosing it is recorded on their system.
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Seem thought that we don't need to tell the insurer that we are recording if we only intend to use the tape against them; they are not a "third party" to the call.
So we could record it and later say "look; I did tell you about xyz you bunch of lying ...."
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but then you could use the tape if it went to court.
Having had a dispute or two with banks etc I have often rung back, spoken to a supervisor and asked for a copy of the tape recording of the original discuission. That usually puts them in a dither and resolves the matter fairly quickly!
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Wifey rang insurance company today to add another expensive child to her policy (increases by £60 a month while they're learners but that's another story). Person on other end said that any of the named drivers on the policy (her, me, child 1 and now child 2) could make alterations to it. She argued being as the payment came out of her account and said what about the Data Protection Act. He didn't have an answer. Seems like they don't know what they're doing.
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When we had a (small) disagreement with Norwich Union, they checked the phone record. To be fair to them, they agreed we were right and paid up.
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When they tell you they are recording the call, surely there must be some sort of referencing system in place to say when a call started and finished, so you could just ask for the reference number before going any futher with the conversation.
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My youngest son works in a call centre for the largest private UK supplier of mobile phones.
All calls are recorded.
Apart from the obvious reasons mentioned in this thread, the major reason appears to be to check staff adherence to company policy and to rate their manner, efficiency etc.
So ther are some very valid reasons to do it: should catch some of the less comptent/more unpleasant workers out.
(yes he's enjoying it: appears to be doing v well:-)
madf
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When we called to get quote for insurance on the Civic with More Than we were given a rate much lower than that when we called back to confirm after we bought.
I had checked the correct insurance group and this was disputed when we rang back, they did not believe what I told them.
We complained to the supervisor and pointed out that as the original call had been recorded and we had a note of the operator name and time it would be a simple matter for them to check.
They did check and came back and apologised and we paid at the original lower premium.
Really have to be careful with these call centre operators , most of whom don't appear to have much of a clue .
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I had similar dispute with a credit card company - they claimed I had agreed to take on some Insurance scheme at £25 a month. I asked if all calls were recorded, they said yes, so I asked for a copy of the tape where I had agreed to join the scheme. They said they checked, found that I had not agreed and in the end paid me compensation. So it can work in your favour. Mind you, it qwas a little more complicated than that and needed several other letters!
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If you can stretch to a 0870 phone call and don't have the equipment then the link below looks interesting.
www.registeredcall.com/Default.asp?cat=2
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