Quote:
Originally Posted by Milambar
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. |
So if we record it, and then post on an internet forum things like "he said "I don't care mate"..." is that making the contents available to a third party or not?
If not, the law is pointless as everyone would just publish the whole conversation.
Quote:
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.
|
So is that saying its not about getting their ok to record it, we have to get their consent to publish it after we record it? Would an 'i dont care mate' cover that? Or would the interpretation be that consent to record is consent to publish it at will?
So putting the two together, by not recording it we can paraphrase what was said from memory to an internet forum as much as we like, but if we record it we cant mention parts of the conversation unless we have the persons permission to publish it?
Quote:
|
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.
|
Yes thats something else, its not really clear either way.
IANAL, just thinking out loud here. Im sure they must have thrashed this out in uk.legal.mod