Using Call Recording while not Violating Privacy Laws- How to do it the Right Way

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Do you have any plans of using call recording, including video and capturing sound facility; be aware, there are state and federal calls tapping laws which restrict your capacity to do so. Violation of these laws will result in criminal prosecution against you. At the same time, the injured party may also lay a civil claim for compensation against you. Then how can you do it the right way? Let me explain:

If you want to record calls or conversations, you will have to get the permission from either one or all of the participants who partake in the call or conversation. Doing it this way will not harm you nor will you be a criminal in the eyes of the law. A lot of the state wiretapping decrees as well as the Federal laws allow you to record a call if at least one party of the telephone call or conversation approves. Other states may require that all parties to the phone call give their approval.

Who should permit your call recording or even an in-person conversation?

It is the Federal law that allows you to record calls and in-person conversations when you have the consent of no less than one of the parties under 18 U.S.C.2511(2)(d). This is known as the "one-party consent" ruling. Under this ruling you are permitted to record a telephone call or conversation as long as you are one of the parties of the conversation. This ruling, further allows you to record calls or communication only if you have the permission of the source that is aware of the recording being made.

Is call recording permitted without the consent of at least one of the parties?

Bear in mind; irrespective of the state or federal ruling, that it is more or less at all times prohibited to record a telephone call or confidential conversation to which;

·         you are not included as a party;

·         get permission of at least one party;

·         you could not obviously eavesdrop.

Then what exactly is the right way to put call recording into practice?

Certain rulings require you to meet obligations prior to your recording telephone calls lawfully.

Under Regulation of Investigatory Power Act ("RIPA") 2000, recording of call is lawful only if:

·         The person who wants to record the call has practical grounds to assume that he has the permission of both the caller and the proposed recipient.

·         The recording of the call is conducted by a company in fulfillment of the Lawful Business Practice Regulations.

Under the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000;

Recording calls is legalized if the business intercepting the call has taken all efforts to bring to the notice of the potential users that their communications may be recorded. Following are some of the circumstances when call recording is legal:

·         To ascertain the reality of facts;

·         To appraise or show that certain standards, for instance quality control or even training standards, are met;

·         To thwart or identify an offense, or for national protection;

·         To evaluate fulfillment of dogmatic practices or procedures appropriate to the company;

·         To look into or discover unauthorized utilization of the communications arrangement;

·         To resolve whether communications are pertinent to the organization regulator’s business.

The Data Protection Act 1998 ("DPA") permits call recording if the recorder has;

·         Informed the party as to the use the recording would be put to;

·         Obtain permission for the recording;

·         Maintenance of data of the call recording held under security and made obtainable to the user only after they request for it.