Recording Law :: Modem Spy

Legality of recording conversations in UK

How does Ofcom explain what the above rules mean?

The following is a verbatim extract from "Explanatory Guide to the Self Provision Licence (SPL) and the Telecommunications Services Licence (TSL)":

"18. The condition provides that you should make every reasonable effort to inform all parties to a call that it may or will be recorded, silently monitored or intruded into. The particular means by which you choose to do this are not specified in the condition. Acceptable options, depending on circumstances, might include warning tones, pre-recorded messages, spoken warnings by the operator or written warnings included in publicity material, telephone directories, contracts, terms of business, staff notices, etc. It may not always be possible to warn first-time callers with whom you have had no previous contact but what is important is that you have a systematic procedure in place which provides the necessary information wherever this is a realistic possibility."

At the beginning of the guide Ofcom say that they offer "a helpful interpretation of the licences" that has "no legal standing of its own" and "While it is Ofcom's responsibility to enforce licence conditions, their interpretation is ultimately a matter for the courts." Nevertheless, as they say themselves, Ofcom are the body responsible for enforcing these conditions and from the italics that we have put in you can see how flexible Ofcom are in this matter.

How are companies letting people know that calls are recorded?

Although the condition does not specify precisely how the parties should be informed, most people will now be aware of how many firms are conforming to the requirement. Advertisements that invite calls to a given number, whether the advert appears as a poster, on television or radio or in the print media, frequently carry a message to the effect that calls may be recorded or monitored for quality. Warnings can also be given in literature, terms and conditions, letterheards and on websites.

Really the recording of calls now is almost becoming the norm as can be seen by the notifications in advertisements, as companies address the issue, however much or little recording that they do. At Retell we have never heard of a company being thought badly of because they record calls - why should they, they are just showing that they want to be precise and accurate and to train their staff well?

How does Ofcom themselves let their callers know that Ofcom may record them?

If you are concerned that your company should be giving a voice announcement before each phone call is put through to let callers know that the call may be recorded, you may find it interesting that Ofcom themselves do not give such a voice announcement that calls may be recorded. They do however advertise it on their website as below:

"Please note that calls to the Contact Centre may be monitored or recorded'

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See also:
Table of contents.
Recording Law in United States
Canadian Recording Law