UK Law about informing customers about call monitoring

[Stevehewitt]

Hi everyone,

I'm trying to clarrify what the law states in terms of us doing monitoring in our call centre. As it stands, they are not directly informed that call maybe monitored for training reasons - yet calls are being monitored.

Can anyone clarrify what the UK legal stance is on this? (However employee's are aware that this is being done)

Thanks,


Steve.

 

[franklin97355]

I believe the caller needs to be informed but the people in the call center just need to know it is a possibility and do not need to be reminded on each call. This is US law and your milage may vary. I'm sure some of the UK crowd will chime in soon.

 

[dyarwood]

I found this. Not read all of it (I'm feeling lazy today) but it might help

http://www.retellrecorders.co.uk/legal/home.htm

 

[Spirit]

I believe that in the UK you can do anything you like as long as you inform the involved parties unless you it is part of an official police investigation.

For example I cannot fire someone for downloading porn if I have not told them Not to and that I have not told them that I monitor for such activity.

So it really depends what you are going to do with the data. If you are going to use it as evidence then you have to inform the other party, if your going to use it as training then you don't.

Or thats how it was last time I looked this up about 3 years ago.

Iain

 

[Stevehewitt]

Hmm, interesting. There's so many conflicting laws (RIPA, LBP, Human Rights, DPA etc.)
I've given up under the weight of it all - I'm sure we have to tell the customer as they have initiated contact on the implied understanding that it's a 1-to-1 conversation - therefore we are intercepting the call; which could be seen as an invasion of the customer privacy..?

Thanks for your help,




Steve.

"They have the internet on computers now!" - Homer Simpson

 

[grande]

I don't think it's an invasion of the customers privacy. When I call Company XYZ, I assume that it's possible that [Guy] may very well repeat the conversation to [Guy's co-worker], [Guy's boss] and maybe even [The woman that works in the cafeteria]. So why wouldn't it be recorded? Does that make any sense? It's early...

-------------------------
Just call me Captain Awesome.

 

[lionelhill]

... look at it this way: a very large number of extremely reputable companies based in UK automatically warn callers that calls "may be monitored for training purposes". They probably wouldn't do so if they didn't have some very good reason. You could just look on it as common courtesy, which is not a bad thing to show to your clients.

If you choose to make recordings of clients without their knowledge or permission, you may get away with it. It might even be legal. But if the information gets out, and your company is well-known, will it look good in the Daily Mail?

 

[Stevehewitt]

Just so you know guys; Compliance have decided that we could be breaking RIPA and must let customers know.




Steve.

"They have the internet on computers now!" - Homer Simpson

 

[BillyRayPreachersSon]

As I understand it - which could be quite wrong - companies are required to let customers know, otherwise they cannot use the transcript for any legal purposes.

Dan


[tt]Dan's Page [blue]@[/blue] Code Couch

http://www.codecouch.com/dan/

[/tt]

 

[strongm]

Yes, both parties are supposed to be aware that recording may be taking place (RIPA). However, the means by which they are made aware can consist of such diverse options as audible warning tones on the line, pre-recorded messages, spoken warnings by the operator or written warnings included in publicity material, telephone directories, contracts, terms of business, staff notices, etc.

So, for example, you would in theory get away with simply mentioning it in the staff handbookk (covers the staff end) and a putting statement on your website (covers the caller end)

 

[Stevehewitt]

Thanks everyone.

Our headoffice has never directly informed the customer directly as (pointed out by strongm) all of our business comes directly from advertising. So all of our TV / Web / Radio ads and paperwork we send out has it in the small print - and all staff sign a document which covers the staff end.

However, in our first satelite office (which is where I am) - our business comes from third parties (loan companies who if they decline their customer they pass their details to us, or a broker website may pass details to us) - therefore our customers wouldn't see anything about our company until we call them and let them know.

Now we include 'just so you know, calls could be monitored and/or recorded for training purposes' at the end of our Data protection script that we read near the beginning of calls.

Thanks for your input everyone.

Cheers,




Steve.

"They have the internet on computers now!" - Homer Simpson