Legality of Live Call Recording

Legality of live call recording

This has become such a grey area. These days none of us really know when we are being recorded except when we call very large organisations. In a normal business situation, calls recorded for training or customer service can be verified, since either you or an associate was party to the call.

The sole purpose of Live Call Anytime is to provide a tool that record calls for TRAINING AND MONITORING PURPOSES. It is used to do spot checks and help identify where staff may have learning gaps and what can be done to help them, which helps the business overall.

It is not a spying device or something to catch staff or customers/prospects out with.  It really is about trying to pinpoint the way staff speak on the phone and HELPING them improve their performance.

With Live Call Anytime the person making the calls always knows they are being recorded. It is completely up to you whether you advise someone on the other end of the phone, a customer or prospect, that they are being recorded.  However this may affect the way the call develops (particularly with prospects) and we advise all customers that the recordings are kept to replay to the staff for training purposes and are eventually deleted. Certainly when you use the one day service we delete the calls at the end of the day so they cannot be used by anyone else. They are kept on a secure site that no-one else can access.

For 99% of our customers they are delighted to be able to use this service to improve their businesses and the benefits far outweigh any concerns. They know it helps improve the productivity of their businesses and the confidence and skills of their staff.

Further information
PhoneCoach cannot provide legal advice or accept liability for reliance by any person on any legal information that we pass on, or for any views expressed here. Interception, recording and monitoring of telephone calls are governed by various pieces of UK legislation, with which compliance is mandatory.

Please note in particular:
•    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

Confidentiality at work
Employees are entitled to access a phone at work that is not recorded.

Legality vs ethics

At PhoneCoach we understand the distinction between ethics and legality when recording calls. In a normal business situation, calls recorded for training or customer service can be verified, since either you or an associate was party to the call.

We believe there’s no ethical difference between conducting a telephone conversation then telling a colleague about it, and having the conversation and allowing an associate to listen to its recording. The equivalent is telling a colleague about a letter you’ve received, or letting them actually read it; the difference between a third party reading a letter or listening to a recording, or being told about either, is that by reading or listening to the original they know, word for word, what was said.

However, it would be unethical for yet another party – a competitor, say – to ‘bug’ your offices or telephone lines and so learn your commercial secrets. (Note in this case the “competitor” was not party to the original telephone call, nor did they notify you that the call was being recorded).

UK law rightly makes illegal such third-party interception, where neither party to the call knows the call is being recorded (except by the police to enforce law).