UK Audio Recording Laws for Business
As stated by the Investigatory Powers Act (2016) a telephone recording can be made without the consent of the person if the recording is carried out by a business in compliance with The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. To sum up these regulations the audio can be recorded for the following reasons
- To prove a business transaction
- Ensure that the business is in compliance with regulatory procedures
- To ensure that quality standards are being met in the interests of national secureity
- To stop crime or detect the unlawful use of a telecom system
- Ensure the effective operation of the telecom system
Business are allowed to monitor, but are not allowed to record phone calls from employees to see whether they are relevant to the business. This means for example that an employer could open e-mails while an employee is on vacation, or out sick. This does not allow employers to secretly monitor all calls with malicious intent as the interception of employee communications must be proportionate and in accordance with the Data Protection Act (1988).
Does a business have to tell you if they are going to record your phone calls in the UK?
Yes and no. A business can record phone calls without consent if the information is being used internally for business related reasons. If the business is sharing the information to a third party whether it’s for marketing reasons or ‘other’ then they must obtain consent.
How to obtain recording consent in the UK
To obtain consent for business purposes in the United Kingdom 3 criteria must be met.
- You must inform that a recording is taking place
- You must inform of the purpose of the recording. Whether it’s for training, marketing, or other.
- You must ask for consent to the recording
Video Recording Without Consent UK
Taking photographs or shooting video in public places is not illegal unless it’s for nefarious purposes. Keep in mind that many seemingly public places such as Malls are actually privately owned, in this case you’ll have to follow the rules that they have put in place.
Taking photos or video of someone where there is the expectation of privacy is a breach of privacy laws. Examples of this would be in someone’s home.