Recording personal phone calls

Domeniex · 10-12-2014 11:22am #1

Here is my question : I had a phone call last week with a friend and unfortunately we got into a heated argument and I said things I shouldn't of said and I regret , more than mid way through the phone call he then told me he had me on loud speaker and that his mother was listening to the entire phone call without my knowledge of this ( I never met his mother in my life either ) and then went on to tell me that she has the entire phone call recorded. I am not covered under the data protection act but is their are any way she was allowed to do this , record a phone call with her son without my knowledge ?? I will confess I had told her son that I could get him sacked from his job that I had knowledge about his job that could get him sacked and yes I regret it and they have both told me they know I was angry and know I wouldn't but I want to know do I have any rights regarding a telephone call been recorded without my consent . Thank you

Beano · 10-12-2014 11:44am

what difference does the recording of the call make? what do you think they will do with it?

Domeniex · 10-12-2014 11:49am

Thank you for your reply . The mother had said if she ever needed it she would use it , for what I do not know . I think at the time she was worried that if I had followed out the threat of her son losing his job that it was recorded that I would do it , personally I think she was just very angry , I will honest she wasn't making a lot of sense , maybe she was trying to frightening me , she did say " if I need legal advice I will get it "!!! But I haven't done anything illegal as such!

Domeniex · 10-12-2014 11:50am

Could the recording not be used against me in court?

hfallada · 10-12-2014 11:53am

Apparently a recording can't be used in a court of law in Ireland without both parties consent. That's why you hear " your call maybe recorded for quality and verification " at the start of calls with utilities. There was an article in the Irish times about this a few months ago.

But if your " friend" was goes to one of the tribunal style labor courts. I don't know if you are covered by the same laws around recordings

Manach · 10-12-2014 12:06pm

Hopefully the OP and his friend can soon mend fences.

My understanding is that phone calls are covered by the Data protection directive. They are personal data, so as can be used to identify someone. Unlike say a letter or email conversation a phone call is not kept in storage by default. Thus the recording of such without permission (as hfallada mentioned) is a form of deliberate processing of data.

However given the nature (it being a voice call between two private individuals) the Data Protection Commission is unlikely to get involved (IMHO).

Domeniex · 10-12-2014 12:22pm

I have called the data protection commissioner and they have advised me I am not protected , I would just like to know am I in any danger here ? Had the mother a right to do what she did ? On a personal phone call? Yes my friend and I have made amends , but it's the mother I am worried about, to me she seems crazy to do this , but then again she was upset and maybe she was trying to frightened me !

seamus · 10-12-2014 12:35pm

There's a distinction between making a recording, holding a recording and using a recording.

It is perfectly legal to record a conversation provided that you have the consent of at least one of the participants - i.e. it is not legal to record a conversation without any of the individuals knowing.

It is perfectly legal to hold onto this recording.

Where it gets dicey is the use of this recording. It would probably not be admissible in court, unless they could show it was recorded under some qualified privilege. Disclosing the recording to a 3rd party (e.g. an employer), would put them in a difficult position because they would require your permission to do so. So you could bring a civil action against them for that breach.

In reality of course, if this is a damning recording, who is going to come out worse in the event that they give this recording to a third party?

Any legal advice the mother receives will likely tell her to delete the recording and grow up.

conorh91 · 10-12-2014 1:34pm

seamus wrote: »

it is not legal to record a conversation without any of the individuals knowing.

It is perfectly legal.

For example, having your phone record your conversations through your pocket is never illegal, even if you are unaware that it has started recording.

TheChizler · 10-12-2014 1:40pm

conorh91 wrote: »

It is perfectly legal.

For example, having your phone record your conversations through your pocket is never illegal, even if you are unaware that it has started recording.

Would that be the "whoops I didn't realize that my phone was recording at this very convenient time defense"? I'm sure that would go down well.

Beano · 10-12-2014 1:45pm

TheChizler wrote: »

Would that be the "whoops I didn't realize that my phone was recording at this very convenient time defense"? I'm sure that would go down well.

no defence required. there is no law against it.

TheChizler · 10-12-2014 1:48pm

Beano wrote: »

no defence required. there is no law against it.

I'd agree with the no defence required bit, but only cause it would be inadmissible! I think...

One eyed Jack · 10-12-2014 1:49pm

conorh91 wrote: »

It is perfectly legal.

For example, having your phone record your conversations through your pocket is never illegal, even if you are unaware that it has started recording.

The interesting part of the OP's scenario is that I was wondering could his friend's mother be considered a third party to the conversation? In which case her recording of the conversation between the two parties would be illegal if the mother was considered a third party?

I would also wonder would such a recording by a third party even be considered if the OP's friend were to make a report to Gardaí of harassment by the OP?

conorh91 · 10-12-2014 1:49pm

TheChizler wrote: »

Would that be the "whoops I didn't realize that my phone was recording at this very convenient time defense"? I'm sure that would go down well.

No, I just introduced the accidental element because if you knew you were recording, then you'd be the one consenting party that Seamus claimed was required.

One eyed Jack wrote: »

The interesting part of the OP's scenario is that I was wondering could his friend's mother be considered a third party to the conversation? In which case her recording of the conversation between the two parties would be illegal if the mother was considered a third party?

Not necessarily.

It depends on the nature of the information coming through the phone line

Beano · 10-12-2014 2:14pm

TheChizler wrote: »

I'd agree with the no defence required bit, but only cause it would be inadmissible! I think...

whether it is inadmissible is not relevant. It is not illegal for me to record a phone conversation i have with somebody else, irrespective of whether i ask ,or receive,their permission.

CZ 453 · 10-12-2014 3:09pm

Did you ring from a work phone?

TheChizler · 10-12-2014 3:21pm

Beano wrote: »

whether it is inadmissible is not relevant. It is not illegal for me to record a phone conversation i have with somebody else, irrespective of whether i ask ,or receive,their permission.

I took that to mean there was no defense against incriminating evidence presented that was recorded with the knowledge of neither party.

Recording personal phone calls

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