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vijay007here [Vijay said]:hi admin,
I have just spoke to moorcroft debt recovery.
1) recorded the conversation , spoke to the person , they said they will contact ntl
2)contacted ntl, recorded the conversation , their name etc.They said the account is cleared and cancelled on 13th oct 2006.They said they will send a letter to moorcroft not to send letters.
3)again callled moorcroft , recroded the conversation.told them that ntl confirmed. they said i wont get any more letter
4)called ntl for written confirmation , they said , its not needed. recorded the conversation again , to make sure to avoid troubles in future.
BOTTOMLINE IS RECORD THESE PEOPLE AND IF POSSIBLE ASK FOR THEIR NAMES AND WRITTEN CONFIRMATION,,
ANYHOW WAT A HELL WITH NTL ,,,,i would never ever touch anything that starts with N,,,T...L.......(ntl stands for NEVER TOUCH them,,,LOOSER)
This forum was quite helpful in understanding NTL
Regards
Vijay
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rik said:You are informing these people at the start of the call that you are recording them arent you?
If not im sure thats illegal, to record someone without their prior knowledge?
Perhaps someone can correct me?
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rus b said:It's not illegal if you don't plan to play the recording to any third party
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Originally Posted by cableinfo
It is illegal because your storing audio data on people without their prior permission, this is why call trees holding advises this and terms and conditions so they customers are made aware before the call its self commences.
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6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
The person has the right for you NOT to store any data on them if they wish.
Therefore unless the person agrees to having them selves recorded then they cannot be recorded.
With call centres the recording isnt for direct benefit of the customers other than for training purposes to randomly record members a month (each rep gets monitored once a month without their knowledge but forms part of their contract at work (so the rep is expecting it will happen as part of the terms of their employment) this is to find out if people are giving a good service and when it is feed back to them if they did bad they cannot argue it if its recorded.
The data is kept with DPA principles and is discardged off by taping over the call with the next reps calls once the rep has received his or her feedback. the customer its self agrees to this on taking on the services on terms and conditions and may hear a prompt message whilst on hold (depending on the hold time) most centres try to have calls answered within 30 seconds
To find out more visit the opsi
www.opsi.gov.uk/acts/acts1998/19980029.htm |
of course the KEY words here are '
Personal data' and the fact
'these people' refered to above, are acting as
the agents of the company,
NOT 'personal individuals' in the legal sense, neather is a customers personal recording being processed in relation to 'personal individuals' or DATA , but rather THE COMPANY sanctioned response as an agent of said company.
in otherwords, a rep in working hours is expecting to be recorded as per their
company contract so is not going to say anything outside the company sanctioned line.
a person answering the company phoneline is an agent of the company not an individual in that legal sense and so falls under the data protection act as part of a data controller and their dutys, hence why we end users can send a data protection act request to said companys asking for any and ALL data as relates to our PERSONAL data and receave your referenced recordings as part of that legal request .
people need to realise the data protection act law is there to protect
the individual consumer, NOT the individual
when acting as an agent of a company or org.
consumers are
not data controllers, companys and orgs are.
now, if said company were to take the consumers recording as proof of wrong doing by the said agent on behalf of
the company, then thats a matter for them to persue and the agent will have other laws to protect them
against the company if it should mean they need to go down that road, but nothing to do with the consumer or their actions.
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1. - (1) In this Act, unless the context otherwise requires-
- "data" means information which-
- (a) is being processed by means of equipment operating automatically in response to instructions given for that purpose,
- (b) is recorded with the intention that it should be processed by means of such equipment,
- (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, or
- (d) does not fall within paragraph (a), (b) or (c) but forms part of an accessible record as defined by section 68;
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- "personal data" means data which relate to a living individual who can be identified-
- (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,
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http://www.opsi.gov.uk/acts/acts1998/80029--a.htm#4