Recording Phone Calls

tankbarry

Over the last few week's I am having to deal with bank's , solicitors , and other people about money I owe or money they owe me. My question is can I record call's without telling people I am recording them or do I have to tell them from the start of the call that they are being recorded. I have had 1 person from a bank lie to me about something that is very serious so I would like to have proof of his actions so I can do something about it.


thanks in advance.

Michael D Not Higgins

http://www.dolores-maxwell.com/audio_recording_comments.php

If a person is a party to the conversation or phone call then it is legal to record it with or without prior consent of the other parties. For telephone calls specifically, it became legal to do so in 1993.

Apparently legal (IANAL)

tankbarry

cheers for that. I will record the bank so.

davo2001

Is it a landline or mobile phone that you are trying to record from?

LowKeyReturn

Recording it - probably not an issue;
Using it in court - probably needs more discussion.

Tom Young

This comes up here every six months. Use the search.

Aides memoires in court are admissible as directed by judge.

tankbarry

its is from a mobile phone. I have searched it and I could not find a definite answer

hullaballoo

tankbarry wrote: »

its is from a mobile phone. I have searched it and I could not find a definite answer

Just used your thread title there. Simples: http://goo.gl/ZaTWd

tankbarry

1 person say's you can 1 say's you can't then 1 says something else. who is to believed

DarkJager

tankbarry wrote: »

1 person say's you can 1 say's you can't then 1 says something else. who is to believed

As far as I know you have to tell them you are recording the call and they have to give you consent for it. They also have a right to terminate the call if they discover that you are recording without advance notice.

Tom Young

In a course of dealing, such as with Banks, it's expected and your usually notified. Ergo admissible in evidence.

If not, depending on the nature and purpose of the recording, and seriousness of the issue, may be admissible but generally not, without the consent of the other party.

Rule of thumb: It's generally inadmissible save for notice to the other side being recorded.

Sorry - it is deeply circumstantial.

Tom

hullaballoo

tankbarry wrote: »

1 person say's you can 1 say's you can't then 1 says something else. who is to believed

Unfortunately, there are marked differences between whether it's legal to do [x] and whether the product of doing [x] is always admissible as evidence before the Court.

Tbf, a lot of lawyers have directly opposing views on this very issue.

It seems to me that it is legal to record a two-party conversation as a non-data controller without notice/consent from the other party. It is a separate question as to whether a judge would admit the recording as evidence; that would depend on it's value as evidence a.k.a. it's probative value.

CIARAN_BOYLE

Legal to record, not legal to admit as evidence however you can listen to it before going to the stand and use it as a memory aid.

At least thats my understanding (not a lawyer).

Carawaystick

If A (a natural person) rings B ( a company) and B plays some pre-recorded messaging saying this call may be recorded for Z reason,
Is that informing A that A may record it for that reason too, or is it just informing A that B is recording it?

Can A get C to listen to the call either on speakerphone or another handset without informing B? Can C testify about the call. Hypotethically?

Bosh

Taking a slight tangent...

You call a company & you get the usual pre-recorded spiel 'calls may be recorded'

You later have a dispute. Are you entitled to a copy of the recording (assuming there is one)?

Fred Swanson

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