recording phone calls fot legal use later

Tigger

I was wondering; where does ireland or the eu stand on one of the two people making a phone call recording the other?

if its without the knowledge and permission of the other party can it be used in court etc?

Victor

One of the parties needs to consent to the recording.

Tigger

so a third party can't record but one of the perticipants can be unaware and its useable.

have you a link to the relevant law?

thanks

Tigger

can the second party request a copy of the call under data protection?

bizzielizzie

Where there are two parties to a telephone conversation, and one party wishes to record the conversation, they must advise the other party that they are recording it. If it is unlawfully recorded ie where one party is unaware that it the conversation is being recorded, and has not consented to the recording, then it is very unlikely that it will be admissible in any court or tribunal.

As regards making a data access request, the definition of data is very broad and includes a recording. The data must relate to the person making the request. Finally, the person you are making the request of must be a data controller or a data processor. An ordinary person is very unlikely to be considered to be either of those. If you are making the request, make it in writing and send it by registered post. Obviously keep a copy for yourself. It costs €6.35 to make the request, so send them bank draft/cheque etc. They have 40 days to comply with your request, after which you can complain to the Office of the Data Protection Commissioner. They have a draft letter, if you need some guidance, on their website.

Their website is excellent and you could also ring them for guidance. hope this is of some help.

paky

isnt their legislation that now exists where criminals can have their phones tapped by the coppers?

Victor

bizzielizzie wrote: »

Where there are two parties to a telephone conversation, and one party wishes to record the conversation, they must advise the other party that they are recording it.

What is your basis for this?

Monife

bizzielizzie wrote: »

Where there are two parties to a telephone conversation, and one party wishes to record the conversation, they must advise the other party that they are recording it. If it is unlawfully recorded ie where one party is unaware that it the conversation is being recorded, and has not consented to the recording, then it is very unlikely that it will be admissible in any court or tribunal.

As regards making a data access request, the definition of data is very broad and includes a recording. The data must relate to the person making the request. Finally, the person you are making the request of must be a data controller or a data processor. An ordinary person is very unlikely to be considered to be either of those. If you are making the request, make it in writing and send it by registered post. Obviously keep a copy for yourself. It costs €6.35 to make the request, so send them bank draft/cheque etc. They have 40 days to comply with your request, after which you can complain to the Office of the Data Protection Commissioner. They have a draft letter, if you need some guidance, on their website.

Their website is excellent and you could also ring them for guidance. hope this is of some help.

What about people wearing wires? The other party obviously is not going to consent to the recording and I think those tapes are admissable in court.

James Jones

bizzielizzie wrote: »

Where there are two parties to a telephone conversation, and one party wishes to record the conversation, they must advise the other party that they are recording it. If it is unlawfully recorded ie where one party is unaware that it the conversation is being recorded, and has not consented to the recording, then it is very unlikely that it will be admissible in any court or tribunal.

This is simply not true. See Tape of alleged racial abuse is admissible in case

Tribunal chairman John Gleeson SC said: ‘‘The fact that one party to a telephone conversation records it does not, in the opinion of the tribunal, give rise to a constitutional difficulty or a breach of the European Convention on Human Rights.

‘‘After all, a party to a telephone conversation is always capable of giving evidence of the contents of that conversation without any recording apparatus, whether by making a contemporaneous note or by simply recalling in evidence what was said during the conversation."

JohnK

Dont tribunals have different standards for evidence than courts do? So even though a tribunal can accept something that doesn’t necessarily mean a court would allow it, right?

Victor

I'm just an opinionated, contrary bystander, not a lawyer, but in that case the barrister was caught with his pants down and was clutching at straws. I can't see how the barristers privacy was infringed other than having his voice recorded, which could happen anywhere - the reality is that he infringed the complainant's rights.

In a court, imagine certain evidential standards would be required, e.g. the court would require the person who recorded the call to confirm under oath that it was a true recording. Further, the accused in such a case would be entitled to challenge the context and have technical examinations made by a suitable profession to determine whether it was tampered with and to cross examine the person who recorded it.

Financial institutions, call centres and the like add warnings to phone calls that the message is being recorded, as (a) it will be someone else in the organisation is doing the recording and (b) financial institutions have certain regulatory obligations to make recordings.

paky

Monife wrote: »

What about people wearing wires? The other party obviously is not going to consent to the recording and I think those tapes are admissable in court.

i think thats only allowed under the rico act in the US