Recording of phone calls.

[syman]

When did it become illegal to record telephone conversations and then use the recording to relay the content to a third party - without the permission of the other party.
Was it prior to 2016, or later.

[R0b]

It depends on the context but aside from any other relevant legislation, the Data Protection Act 2018 (and its predecessors) requires you to be registered with the ICO if you are going to be processing personal data.

There are certain exemptions from complying with the obligations under the DPA and the common one for individuals to use is that the recording is used for 'domestic purposes' in that it is for personal purposes relating to a household activity (interpreted broadly) and not any commercial activity.

Depending on the reason why you disclosed it to a third party depends on whether you could rely on the exemption. For example, disclosing it to a third party for the purposes of legal proceedings or connected to such would be fine, but disclosing publishing the call on the internet such as YouTube for the world to see would not be allowed under the exemption. Equally, if you shared the recording with a third party for the fun of it and is wholly unconnected to the purpose, that would also not allow you to rely on the domestic purpose exemption.

As a rule of thumb:

1. If you had to comply with the DPA would the disclosure of that recording prejudice your intended purposes or
2. compliance with the DPA would seriously harm the way you can process the personal data in a way that is necessary for your intended purpose

and the answer to one of those questions is a 'yes', it is possible for you to rely on an exemption, of which there are many.

[syman]

The situation I am thinking of happened between 2016 and 2018.
In 2018 (June) someone played a recording of a telephone conversation they had recorded in 2016 without the other parties' knowledge.
During the conversation, the two participants had a disagreement. and when the first party played the recording to others they did so to defame the first parties character using it as 'evidence' that those hearing it should be very careful when dealing with the second party as the recording demonstrated that they were very 'dangerous'.

In this circumstance is there any legal redress that the second party has against the first.

[efpom]

Seems to be a statement of opinion, so not defamatory.

[syman]

Seems to be a statement of opinion, so not defamatory.

Your response is focusing on what was said and not the point that a recording was made and shared without the second parties knowledge or agreement - which is illegal - isn't it??

[R0b]

Your response is focusing on what was said and not the point that a recording was made and shared without the second parties knowledge or agreement - which is illegal - isn't it??

Not that I am aware of.

You seem to be under the impression that recording someone without their permission in this country is illegal i.e. that it is a criminal offence and forbidden by law. Can you tell us what law you think prohibits this?

If it were illegal to record someone without permission and share the recording then I am pretty sure every journalist in this country would have a criminal record.

[syman]

I was under the impression that it was the law - even Google removed the ability to automatically record calls from Android last year, and is only now bringing it back slowly - in a way that it cannot be done without a message being played first so the call recepient knows it is being recorded.

I also read this - https://www.dma-law.co.uk/is-it-ille...20participants.

I thought maybe someone here would have sufficient knowledge to answer my question - but I guess I need to talk to a solicitor with experience in this area.

[R0b]

I have already answered your question in both my previous posts. The article also answers your question as it confirms that:

Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is for personal use you don’t need to obtain consent or let the other person know.

I'm not sure what you are expecting us to say or if you are looking for one of us to tell you that you're right. I suggest you look at my original post where I explain that an exemption for using the recording for domestic purposes under the Data Protection Act and when it might not be relied on. Also just to be clear, the Data Protection Act does not require explicit consent for a recording to be played, the individual could rely on another legal basis such as legitimate interests.

If you are seeking specific legal advice that you wish to rely on, I do recommend you speak to a solicitor who can give you the necessary advice and opinion as well as what options you might have in terms of legal action and remedies.