Hi Everyone ,is there anyone out there that has any legal knowledge? i need to know how the law stands on taping telephone conversations ! can anyone tape a private conversation between two people ,and then use information in a court of law !eg, Defamation of character ?  thanks in advance, Sue T. xx

No I don't think so. I think legally you have to tell people before you start that the call is being recorded.

Some phone are able to record a conversation being held on that phone, (that is not phone tapping) but most, if not all, emit a bleep so you know you are being recorded. If information collected in this way is allowed in court I don't know.

To add as far as I know you have to have a licence from the home office to phone tap, but anyone can record a conversation that is made to their own phone.

Hi
Of what relatively little I know:
As an extension to the Human Rights Act, The Data Protection Act 1998 stipulates that non-compliance of this Act should be for reasons resulting in prevention of death/fatal injury only.
The reasoning for, and content of the sensitive information unlawfully taped would be scrutinised to prove/disprove the above.
HTH
Jo

Hi JG,& Jackie ,thanks ladies ,i have to admit that i thought the same as you JG , that if you were taped without your knowledge then there was some sort of Data protection violation (as you can see ,i know very little of legalise !!!!!!, i am dealing with a nasty bully and control freak ,so want to show him i can and will not be intimidated by his usual tactics , i really am grateful !! once again thanks Sue T xx

Right....well quote this one to him then..... ;)

He is contravening Article 8 (1) of the Human Rights Act 1998: "The right to privacy, family life, home and correspondance"

Article 8 is part of the Conventions Rights within the Act that are guaranteed in the form of 'instruments' that provide the mechanism for individuals to enforce their rights against the state.

HTH
Jo
x

WOW !!!!!!!!  , thanks Jo,!! Sue T xx

Pleasure Sue. ;)  (Didn't like to openly admit I'm a DP Liaison Officer...as well as Statistics :o  )

Hi Everone ,well if you have been following this post & think Jo is pretty s**t hot you should see my PM ,she is as they say AWESOME !!",  i have said thank you by pm ,just wanted you to all know she has helped more than she knows ! Take Care ,Sue T xx P.S. you realise that this  possibly sets you up as CD, Liason Officer !!...long may it last .

Well you do sound happier and if that is due to Jo then well done Jo you've earned you sleep tonight.

*blushing embarrassingly*....don't believe a word Sue says !
Although.....I will take Jackie's sound advice of a good nights sleep....which means it has to be red-wine induced of course ;) (Any excuse)
Jo

When i was going through my divorce from my first marriage (he was very violent and controling) i was getting nasty phone calls i had some on my answer phone and i also bought one of those little recorder things and taped the phone calls i got from my ex, when i told the solicitor she told me to keep them because they may come in handy if we had anymore trouble,

Heidi

Very sensible advice from your solicitor Heidi. Indeed, the evidence could of been used to aid the process of obtaining an injunction....however, he still could have argued his rights under the Human Rights Act and commenced proceedings to sue you :rolleyes:
....and that's why the law is an A** ;)
Hope you're sorted and settled now though
x

I am a lawyer and specalise in family law, mainly injunctions and children matters. I frequently produced transcripts of text messages in court proceedings, and would advise making recordings of phone calls. The difficulty of phone calls is that it is hard to prove who the person being recorded was. With texts, you can record the number from where the message was sent. The phone recordings can be used in the proceedings if the judge thinks it will help. Often they do just as they please in the family courts. Certainly doesnt do any harm to have these things handy. good luck and keep standing up to the bully. Eventually they back down...

if the call was made to a mobile then it would record the number---and for danger reason eg driving the record option would be used so the driver could take in the call once stationary so it can be legaly done.

Hi Everyone ,i have been able to stand up to this bullying control freak ,with the complete love and support of my oh ,i have never had to be afraid to speak, to be ridiculed ,or treated like an idiot ..so find it hard to understand when someone does !,but tonight there is a lady out there who with the help of family & friends is starting to fight back ,i hope he is watching his back !!thanks for all of your help it really has helped us all ,  Sue xx P.S. oh and Jo ,if thats a nice bottle of Bardolino,or Chianti  that you are about to demolish ...!,have one for me ,.......& i will have one for you !! Salute!!

I'm already on the job Sue !....Oh....and its Cab Sauv actually:D
<<<Aaah, so what if it is only 6.20 pm.....life's for living!>>>
Take Care Sue
;)

can you just tell me if a company records your call i.e insurance or any business as in a catalogue company, should there be a warning i.e. this call will be recorded for training or whatever purpose?  are they legally obliged to let you know they are recording the call?

Yes they are legally obliged to tell you if they are likely to be recording a phone conversation.

Many thanks, I rang a Customer Service Department today and the lady on the end of the phone was very abrupt about a call I made previous and just kept saying we'll check the tapes!  Well I knew I wasn't lying so had nothing to worry about.  However catching up on Champdogs as I've worked a fair few odd shifts this week and came across this post and decided to call again as I didn't remember them saying calls would be recorded etc., and it doesn't, needless to say I'm still waiting for my call back that was promised!

Hi Craigles,

The problem is here that, although the conversations are recorded. If u are dealing with a big call centre.  It can be hard for them to identify the operator. As I have found out with British Gas. Cause apparently, they have so many staff, it is difficult to identify someone. Which I believe is utter rubbish. But I was blatantly lied to by them.. When I took up the compalint with energy watch, the head honcho's all said it would be difficult to trace the calls. cause there where a few.

Get names etc

Alix