Can I record phone calls?
The answer to that question is ‘yes’ but only if you follow the rules!
The rules are in the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.
When can I record phone calls?
You can lawfully intercept a call to monitor or keep a record of that call to:
- establish the existence of facts;
- to ensure that you comply regulatory or self-regulatory practices or procedures apply to your business; or
- to monitor your staff to ensure that they are properly trained
Do I have to comply with the GDPR too?
Yes, if you are monitoring or recording calls for any of these purposes, you must comply with the GDPR.
What do I have to tell people?
You have to tell the caller that the call is being recorded, the purpose of the recording, who the data is shared with, the retention period etc.
When do I have to give the caller this information?
This information must be available to the caller either on your website or given over the phone. We suggest that a short message to inform callers that the call may be recorded, the purpose of the recording (typically, training and quality purposes) and then give a link to where more information can be found.
Are there any calls where I don’t have to comply with the GDPR?
Yes, there are.
You can record calls for the following purposes and not comply with the GDPR:
- in the interests of national security;
- for the purpose of preventing or detecting crime; or
- for the purpose of investigating or detecting the unauthorised use of that or any other telecommunication system