Hello, i have a problem where i am working, my boss has started to record all our phone calls?

Question

I wanted to know the rules on this sort of thing, should every single call i take or make be recorded? should there be a private line for me to use that doesn't get recorded? please help as i feel my privacy is being invaded. Does anyone know the current OFTEL regulations for the recording of conversations?

Answer 1

If you are using office applicances, they have the right to record, track etc.. Thats the way the law is set up.. a boss can decide that a workphone is for business only and record all conversations to make sure that this rule is being followed if he so chooses.

Yeah it sucks, but I suggest you just get a cell phone for your personal calls because he is well within his rights to record it.

and no, unfortunately he is not required to provide you with a private line for your phone calls..

Answer 2

You ever call a business and they say this call may be recorded?? It goes both ways your on company time and company phone. Just like using the copy machine I know its just such a pity thing, well its really not maybe use the postage machine to mail out a personal letter not good It is called stealing. ..I was a boss and we had a no tolerance for stuff like that i know it was hard nose but money stopped going out the back door. use your cell.. A lie is a lie small or big right stealing is stealing no matter how big or how small its still stealing

Answer 3

Have you not ever telephoned a business, the phone company or cable company would be a good example, and heard a recording that says your call may be recorded for training purposes. It is most likely legal for him to record all calls in or outgoing. But he Must Also notify the person on the other end that the call is being recorded. If he does not do that then the recording is illegal.

Answer 4

As long as your boss isn't using this to eavesdrop on calls then it's OK. I'm not crazy about it either but your boss is just making sure that his employees aren't wasting company time with personal phone calls.

Answer 5

Did you sign a paper stating that you were okay with that? I work in a sales environment and my boss started to do that, but it was merely for training purposes, and we had to sign an agreement before he was able to record calls.

Answer 6

My boss is very trusting so I don't really have this issue.
Curiously, why do you care if you're being recorded at work? What are you doing that is so private?

Answer 7

I agree...if your boss pays the phone bill, he can make the rules...and do anything he pleases...it's HIS phone...no employer is responsible for giving his/her employees a "private" line...use your cell phone...or your break or lunch hour...

Answer 8

well... if you're at work...you shouldn't be making an personal calls and apparently someone has been making too many personal calls and he's trying to find out who that person is... so.... he's just making sure everyone is doing their job..personal calls can wait till break on your own phone or after work... as for the OFTEL thing....

Recording and monitoring telephone calls or e-mails

A general overview of interception, recording and monitoring of communications

The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation. The requirements of all relevant legislation must be complied with. The main ones are:


Regulation of Investigatory Powers Act 2000 ("RIPA")
Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations")
Data Protection Act 1998
Telecommunications (Data Protection and Privacy) Regulations 1999
Human Rights Act 1998

It is not possible to provide comprehensive detail of that legislation here. Any person considering interception, recording or monitoring of telephone calls or e-mails is strongly advised to seek his/her own independent legal advice and should not seek to rely on the general information provided below. It should be borne in mind that criminal offences and civil actions may occur when the relevant legislation is not complied with. Accordingly, Oftel accepts no liability for reliance by any person on the following information.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?


No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

Can a business or other organisation record or monitor my phone calls or e-mail correspondence with them?

Yes they can, but only in a limited set of circumstances relevant for that business which have been defined by the LBP Regulations. The main ones are:


to provide evidence of a business transaction
to ensure that a business complies with regulatory procedures
to see that quality standards or targets are being met in the interests of national security
to prevent or detect crime to investigate the unauthorised use of a telecom system
to secure the effective operation of the telecom system.

In addition, businesses can monitor, but not record, phone calls or e-mails that have been received to see whether they are relevant to the business (ie open an employee's voicemail or mailbox systems while they are away to see if there are any business communications stored there). For further information see the DTI website where the LBP Regulations are posted.

However any interception of employees' communications must be proportionate and in accordance with Data Protection principles. The Information Commissioner has published a Data Protection Code on "Monitoring at Work" available on its website here. The Code is designed to help employers comply with the legal requirements of Data Protection Act 1988. Any enforcement action would be based on a failure to meet the requirements of the act - however relevant parts of the Code are likely to be cited in connection with any enforcement action relating to the processing of personal information in the employment context. Accordingly this Code of Practice and the Data Protection Act must also be considered by any business before it intercepts employees' communications.

Do businesses have to tell me if they are going to record or monitor my phone calls or e-mails?

No. as long as the recording or monitoring is done for one of the above purposes the only obligation on businesses is to inform their own employees. If businesses want to record for any other purpose, such as market research, they will have to obtain your consent.

What do I do if my calls have been recorded unlawfully?

Under RIPA it is a tort to record or monitor a communication unlawfully. This means that if you think you have suffered from unlawful interception of your phone calls or e-mails you have the right to seek redress by taking civil action against the offender in the courts.

(If you have been following the steps to contact Oftel and this FAQ has not helped then proceed to Step 3)

Answer 9

While you're at work your time is the company's time.

Make your personal calls on a cell phone or pay phone during your lunch hour.

Answer 10

Do you have a cell phone?