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Customer Service & Call Recordings

  • 21-11-2013 9:26pm
    #1
    Fruit1985
    Closed Accounts Posts: 234 ✭✭


    Hello all,

    For a customer contacting a call center, there are laws per country on calls being recorded. From a legal perspective, this is usually covered by the automated voice recording when you ring i.e. "Please note this call may be recorded for quality/training purposes."

    My question is:

    Are there any legal requirements/obligations on the customer's side if they decide to record the call? It's very easy to do nowadays with apps for your phone.

    Can it be used during disputes with the company?


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Fruit1985 wrote: »
    Hello all,

    For a customer contacting a call center, there are laws per country on calls being recorded. From a legal perspective, this is usually covered by the automated voice recording when you ring i.e. "Please note this call may be recorded for quality/training purposes."

    My question is:

    Are there any legal requirements/obligations on the customer's side if they decide to record the call? It's very easy to do nowadays with apps for your phone.

    Can it be used during disputes with the company?

    If you had a lot of these recordings would you use some sort of search function on your phone?


  • #3
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    OP if the recording contains personal data (essentially anything that can identify the individual) then you would most likely be a data controller within the meaning of the Data Protection Acts 1988 & 2003. This carries with certain obligations.

    Look at the Data Protection Commissioner's website. It lays out the rules in quite an accessible manner.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    234 wrote: »
    OP if the recording contains personal data (essentially anything that can identify the individual) then you would most likely be a data controller within the meaning of the Data Protection Acts 1988 & 2003. This carries with certain obligations.

    That surely doesn't apply in the case of data relating to yourself i.e. if I call xxx insurance company, discuss all of my policy with them and record the call, the only 'personal data' involved relates to myself and would not be covered by the Data Protection Act.

    That's the situation the OP is describing and all he/she wants to know is if it is legal to record the conversation (and to use that recording in a subsequent dispute), given that the other side is doing so.


  • #5
    Five Lamps
    Closed Accounts Posts: 687 ✭✭✭Five Lamps


    When they give the we're recording this. Just say, that's fine, so am I.


  • #6
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #7
    JustAddWater
    Closed Accounts Posts: 1,990 ✭✭✭JustAddWater


    Five Lamps wrote: »
    When they give the we're recording this. Just say, that's fine, so am I.

    The "we're recording this call" bit it usually automated. Ironicly, you're speaking back to a recording lol


  • #8
    Felexicon
    Registered Users, Registered Users 2 Posts: 3,455 ✭✭✭Felexicon


    You have to inform them that you're recording the call and get their agreement or you will not be able to use it in any dispute.


  • #9
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #10
    Felexicon
    Registered Users, Registered Users 2 Posts: 3,455 ✭✭✭Felexicon


    Fred Swanson wrote: »
    This post has been deleted.
    Not all calls are recorded though so you may be out of luck there


  • #11
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #12
    Five Lamps
    Closed Accounts Posts: 687 ✭✭✭Five Lamps


    JustAddWater wrote: »
    The "we're recording this call" bit it usually automated. Ironicly, you're speaking back to a recording lol

    Staff also say it to. For example, in a recent issue with dealings with a utility company I was always told in person that calls were recorded. They actually listened back to the calls deal with an issue I had raised. Turned out to be in my favour when they listened back.


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