Q&As

Is a commercial organisation required by the GDPR or any other data/privacy regulation to notify a customer via a recorded message at the start of a call that their telephone call is being recorded?

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Produced in partnership with Peter Steel of Augury Consulting Limited
Published on LexisPSL on 06/08/2019

The following Financial Services Q&A Produced in partnership with Peter Steel of Augury Consulting Limited provides comprehensive and up to date legal information covering:

  • Is a commercial organisation required by the GDPR or any other data/privacy regulation to notify a customer via a recorded message at the start of a call that their telephone call is being recorded?
  • General Law
  • Sector specific requirements

General Law

It is not an absolute requirement of the law that customers be notified via a recorded message at the start of a call that their telephone call is being recorded. However, customers should be informed of the recording policy and it is likely to be good practice to inform them at the start of a call, whether by a recorded message or otherwise.

The recording of telephone calls is governed by a number of different pieces of UK legislation. The main statutory provisions are the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (Lawful Business Practice Regulations), SI 2000/2699, which were enacted under RIPA 2000. The Data Protection Act 2018 (DPA 2018) and Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) are also relevant.

RIPA 2000 in general prohibits interception of communications by a third party, with exceptions related to government agencies. However, a party to a phone call may record that conversation without notifying the other party provided that the recording is for their own use. RIPA 2000 prohibits recording without notification where some of the contents of the communication are made available to a third party. So if a commercial organisation intends to make a recording available to third parties, it needs the consent of the person who is being recorded.

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