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Old 06-03-2009, 01:08   #15
Milambar
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Re: Virgin Media Horror - Please READ -

This is incorrect (or rather, only partially correct). From the OFTEL FAQ page:

Quote:
Can I record telephone conversations on my home phone?
Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication.
My interpretation of that, is that I can quite legally record a conversation with a VM CSR, without telling them, and then later refer VM to that recording as proof that something was said as there is no third party involved. There is just me (the first party) and VM (the second party), however said recording could not be entered as legal evidence in a court action, as the court would be the third party.

My interpretation seems to be supported by the second item in OTEL's FAQ:

Quote:
Do I have to let people know that I intend to record their telephone conversations with me?
No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.
Again, theres no third party involved, its just "me" or the caller, and VM.

Heres a link to the relevant page:
http://www.ofcom.org.uk/static/archi...qs/prvfaq3.htm

Yes, Im aware that an alternative interpretation is that the CSR themselves is the second party and VM is the third party, however, since the CSR is representing VM, I interpret it that VM itself is the second party.
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