Legality of Live Call Recording

Recording Live Calls

 

PROSPECTING CALLS

In ‘black and white’ terms prospects should be advised they are being recorded to gain consent, however we have been advised by legal people that prospecting GDPR regulations is very much aimed at those people who make lots of nuisance calls to people, particularly consumers,  lots of out of hours calls, hound people etc and is not aimed at the majority of genuine professional businesses who simply want to make a living and are mindful of not hassling people

Many contact centres and organisations continue to call prospects where they believe there is a legitimate interest for the person they are calling in their product or service.  Otherwise businesses large and small are going to go out of business!!

If you are prospecting then you need to be a business which is

    • making calls 9-5,
    • calling people not on the telephone preference service,
    • professional
    • offering a service/product where the prospect could have a legitimate interest in it to improve their own business
    • which deletes that person’s information if they request it.
    • which offers an unsubscribe option always on emails.

In other words, being reasonable about how you use the data you already have.

It is about keeping your lists up to date and not using ancient mailing lists.

It is making sure you always offer the option to unsubscribe in email communications.

 

BACKGROUND TO THE NEW GDPR RULES THAT RELATE TO PHONE CALLS

Companies that record telephone calls need to make sure that they have a legal basis for collecting and processing personal data that may be contained therein. They will have to actively justify the capture of conversations and put consumers rights ahead of their organization otherwise the recording could be deemed unlawful. Also, they should comply with all of the other aspects of the GDPR based on that lawful reason. This may include individual rights of access, challenge, amendment and erasure, security and notification of breaches.

There are clearly a number of situations where call recording is deemed lawful, examples include financial institutions that are required by law to record all calls, emergency services calls are in the interest of public protection and there are other sector-specific regulations.

But from 28th May 2018 onwards, the magic phrase “calls are recorded for training purposes” may not be sufficient justification without the caller’s consent. Businesses need to look at how they change their processes (and possibly technologies) to better support the data protection regulations.

Businesses wishing to record calls will be required to actively justify legality, by demonstrating the purpose fulfils any of six conditions:

  1. The people involved in the call have given consent to be recorded (with Live Call Anytime the person making the call already knows they are being recorded)
  2. Recording is necessary for the fulfilment of a contract
  3. Recording is necessary for fulfilling a legal requirement
  4. Recording is necessary to protect the interests of one or more participants
  5. Recording is in the public interest, or necessary for the exercise of official authority
  6. Recording is in the legitimate interests of the recorder, unless those interests are overridden by the interests of the participants in the call

For general call recording, for example to monitor service levels or for staff training in a contact centre or other organisation, the options left to businesses will be numbers one or six. And as the ‘legitimate interests’ of a business to evaluate customer service are not always likely to outweigh the interests of personal privacy under the new regulations, realistically that may only leave gaining consent.

HOWEVER  ……. the following information is via the ICO which says

What are the rules on making live calls?

The rules on live marketing calls are in regulation 21. In short, you must not make unsolicited live calls to:

  • anyone who has told you they don’t want your calls; or
  • any number registered with the TPS or CTPS, unless the person has specifically consented to your calls – even if they are an existing customer.

You must always say who is calling, allow your number (or an alternative contact number) to be displayed to the person receiving the call, and provide a contact address or freephone number if asked.

You can also make live calls to any business number that is not registered on the TPS or the CTPS, but only if they haven’t objected to your calls in the past.

Our legal advice has been that calls that are business to business will more reasonably fall under legitimate interest than if you are phoning a consumer at home.

Going forward our interpretation of GDPR is that:

  1. Live Call can continue to be used to call customers and lapsed customers BUT that the Data Controller (who holds the data) either has consent to call them or if they feel there is a legitimate interest in calling them e.g. making an offer that will help their business, 
  2. That when making prospecting calls the Data Controller is clear that the call falls under 1 or 6 above, that the business is not on the telephone preference service, and that their details will be deleted if asked.
  3. Live Call Anytime can still be used for ‘role-play’ i.e. calling from one delegate to another.
  4. We STRONGLY recommend you make sure that there is something on your website that says ‘we record calls from time to time for training and monitoring purposes’

 

 

Live Call Anytime is a service offered by us.  We are a 3rd party supplier of Opex Hosting, which is part of Business Systems.  Our service is the only one they offer to small to medium sized businesses who occasionally want to monitor and coach their staff to ensure standards are maintained.  

The daily rate until September 1 is £8/day plus call charges which are 10p per min to landline, 20p per min to mobile plus VAT.  International and 08 type numbers are additional.

The monthly option is a non contract and starts at £35/month inc of 300 landline mins.  All other call charges are extra plus VAT.

 

Technical – at this time, this service can only be used with WINDOWS EXPLORER not Edge, or Chrome or anything else so you will need a pc that can used Explorer to access our Login on the website to access the calls.

Free trials of a few calls are available .  Please email mandy@phonecoach.com or direct message on Linked In.  

 

 

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