Requesting recorded phone calls to resolve a dispute.

techguy

Hello all,

I might have a bit of a quibble with my broker about how I was sold an insurance policy not too long ago.

We might be entering into a scenario where it is going to be my word against theirs..

With that, their phone lines says that any calls and follow up calls are recorded. How do I go about requesting recordings of our conversations as I am sure on the phone the broker assured me of a number of things.

Firstly, what are my rights to request such information from the broker and what are their obligations.

Now, one might say that they might have "mysteriously lost" some data from their recording system, which I feel would be a massive deal for a regulated business and would have more serious consequences if they are conveniently losing recordings that go against their interests.

I'm just curious how I might best approach this.

Thank you

Citrus_8

https://www.boards.ie/discussion/2058280458/requesting-recorded-phone-calls-to-resolve-a-dispute

You won't get a recording, but rather a transcript, most likely. To request that, simply call and ask, ir write a letter by registered post.

walterking

you'll find that they don't actually record everything - there is no obligation for them to record it, so don't go down the road of "serious consequences"

That statement alone says something about your approach which seems to be very confrontational - and no-one wins in that scenario

Muahahaha

https://www.boards.ie/discussion/comment/120138098#Comment_120138098

confrontational lol would you ever listen to yourself. If the OP has been overcharged on a policy or it doesnt cover something that was agreed then he has every right to ask questions of them. I had the exact same problem a few years back with a broadband provider where the price on my first bill was not what we agreed on the phone. The problem got escalated to a manager who listened back on the recorded call where I was proved correct so they refunded me the overcharge and adjusted my future bills. Stuff like this happens all the time and if its happened the OP then he has every right to get to the bottom of it without you coming on here to get a dig in and calling him confrontational for standing up for himself

Hibernicis

In simple terms, "An individual has a right to get a copy of any such recording made of her/his call. The copy could be provided in audio or transcript format."

Your rights in regard to calls which are regarded are covered under GDPR. See here, section 6

https://www.ics.ie/news/view/1385

6. What are the data protection requirements for organisations recording telephone calls?

Under data protection legislation it is accepted that there can be a legitimate business interest basis for the recording of calls in business critical areas in certain sectors, subject to the provision that callers should be clearly informed, whether it is incoming or outgoing calls, that recording is taking place and that the caller can either choose to continue with the call or to terminate it. Section 2A(1)(a) allows the processing of personal data where the data subject has given his/her consent.

As the Data Protection Acts state that a person's information should only be collected for specific purposes of which they should be pre-advised, the purpose(s) for which the calls are being recorded should be pointed out to callers before any personal data is collected. For inbound calls, your organisation may wish to consider having a pre-recorded message. Any pre-recorded message should reflect the exact purposes for recording the call, i.e. training purposes, dispute resolution purposes etc. The purpose(s) for which the calls are being recorded should be pointed out to callers before any personal data is collected. If the purpose is not obvious, each purpose must be outlined.

For outbound calls it is more difficult to find a justification for recording these calls. The data controller has to be able to demonstrate that a data subject, upon first contact, will be supplied with the required information as outlined above.

An individual has a right to get a copy of any such recording made of her/his call. The copy could be provided in audio or transcript format.

This was previously detailed on the Irish Data Protection Commissioner's website but has been been removed. However this decision by the DPC involving a complaint against Ryanair deals with a request for a copy of the recording and the handling of the situation where the recording was deleted:

https://www.dataprotection.ie/sites/default/files/uploads/2021-02/10.11.2020_Decision_Complaint_RyanairDAC.pdf

If you are told that the recording has been deleted or cannot be found, the onus would be on the party who made the recording to explain why. So they would need to show a policy/procedure that states calls are routinely deleted after xx days/weeks/months, or that a system failure on xx date caused all called fro mxx/xx/xx to xx/xx/xx to be lost or some other good reason for failing to produce the copy.

endofrainbow

Most companies state 'calls MAY be recorded for training purposes' no guarantee that transcripts/call recordings are available.

techguy

Thanks everybody.

With regards to being confrontational.. in a word YES! Yes, if they turn out to have sold me "any old policy" that turns out not to cover what I had requested.

On the topic of their legal obligation to record calls. Perhaps this is an unfortunate issue. I can't see that they are obligated to do so. I thought that under MIFID II, they were covered but I don't think insurance brokers are.

Anyway, I shall see what this coming week yields.

Thanks for the input, all.