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Law on covert voice recording

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  • Law on covert voice recording

    Dear all,

    I understand it is not unlawful to voice record phone calls for personal use.

    I also understand employees frequently and covertly record meetings with employers and that Employment Tribunals can, in certain circumstances, accept these transcripts as evidence.

    I am thinking of covertly recording consultations and meetings with staff members of my local NHS Trust. Does anyone know if this raises potential issues under the Data Protection Act or any other statute?

    Unfortunately there are people that roam this planet that are more than happy to be dishonest when the find themselves in a corner.

    Many thanks.
    Tags: None

  • #2
    Re: Law on covert voice recording

    Originally posted by heisenberg View Post
    Dear all,

    I understand it is not unlawful to voice record phone calls for personal use.

    I also understand employees frequently and covertly record meetings with employers and that Employment Tribunals can, in certain circumstances, accept these transcripts as evidence.

    I am thinking of covertly recording consultations and meetings with staff members of my local NHS Trust. Does anyone know if this raises potential issues under the Data Protection Act or any other statute?

    Unfortunately there are people that roam this planet that are more than happy to be dishonest when the find themselves in a corner.

    Many thanks.
    Afaik, covert recording can be used to prove that something was actually said, but not to prove the veracity of the statement(s).

    Obviously you can't secretly record court/tribunal hearings.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Law on covert voice recording

      Originally posted by heisenberg View Post
      Dear all,

      I understand it is not unlawful to voice record phone calls for personal use.

      I also understand employees frequently and covertly record meetings with employers and that Employment Tribunals can, in certain circumstances, accept these transcripts as evidence.

      I am thinking of covertly recording consultations and meetings with staff members of my local NHS Trust. Does anyone know if this raises potential issues under the Data Protection Act or any other statute?

      Unfortunately there are people that roam this planet that are more than happy to be dishonest when the find themselves in a corner.

      Many thanks.
      What about overtly recording the meeting providing that the meeting is about you? There is a report from the transparency project about recording social services in regards to children and that might be portable to this kind of thing: http://www.transparencyproject.org.u...ocial-workers/
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #4
        Re: Law on covert voice recording

        Originally posted by charitynjw View Post
        Afaik, covert recording can be used to prove that something was actually said, but not to prove the veracity of the statement(s).

        Obviously you can't secretly record court/tribunal hearings.
        In employment tribunals covert recordings are permitted but viewed as rather negative.

        http://legalbeagles.info/forums/show...ghlight=covert

        Comment


        • #5
          Re: Law on covert voice recording

          Originally posted by Openlaw15 View Post
          In employment tribunals covert recordings are permitted but viewed as rather negative.

          http://legalbeagles.info/forums/show...ghlight=covert
          I was referring to covertly recording the proceedings
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Law on covert voice recording

            Thanks.

            I think I asked them some time ago if they had any objections to my recording any meeting and I don't think I got a particularly positive response (no surprises there really). Of course, if they have nothing to hide then why strenuously object?

            I think I even ran this by the PHSO when I raised a complaint to them but they seemed totally disinterested in entertaining this. I have no faith in the PHSO in any event.

            Unfortunately, the burden of proof always rests with the claimant/complainant and where it becomes a battle of who said what I tend to believe the odds are stacked against us.

            Comment


            • #7
              Re: Law on covert voice recording

              Originally posted by heisenberg View Post
              Thanks.

              I think I asked them some time ago if they had any objections to my recording any meeting and I don't think I got a particularly positive response (no surprises there really). Of course, if they have nothing to hide then why strenuously object?

              I think I even ran this by the PHSO when I raised a complaint to them but they seemed totally disinterested in entertaining this. I have no faith in the PHSO in any event.

              Unfortunately, the burden of proof always rests with the claimant/complainant and where it becomes a battle of who said what I tend to believe the odds are stacked against us.
              A tip I was given

              Voice recorder hidden, have a pen & paper in your hands.
              Ask sweetly if they have any objection to you making a record of the meeting..................................:tinysmil e_twink_t2:
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Law on covert voice recording

                It would be wise to ask the person conducting such a meeting
                if you can record the proceedings instead of taking note just
                for convenience.

                I would expect this meeting to be recorded and a transcript to
                made for the authorities own protection.

                Comment


                • #9
                  Re: Law on covert voice recording

                  Originally posted by charitynjw View Post
                  A tip I was given

                  Voice recorder hidden, have a pen & paper in your hands.
                  Ask sweetly if they have any objection to you making a record of the meeting..................................:tinysmil e_twink_t2:
                  Nice tip but, unfortunately, I am not willing to gamble this on the day. It has become evident that certain people have little in the morals department.

                  Comment


                  • #10
                    Re: Law on covert voice recording

                    Originally posted by nemesis45 View Post
                    It would be wise to ask the person conducting such a meeting
                    if you can record the proceedings instead of taking note just
                    for convenience.

                    I would expect this meeting to be recorded and a transcript to
                    made for the authorities own protection.
                    Funny thing is that the NHS lets you voice record 'local resolution meetings' though I expect they reluctantly do this under the instruction of the Care Quality Commission.

                    I think they argue that making brief notes in a patient's medical records is sufficient (only problem with that is that they are the NHS's notes and not mine).

                    Comment


                    • #11
                      Re: Law on covert voice recording

                      Originally posted by heisenberg View Post
                      Dear all,

                      I understand it is not unlawful to voice record phone calls for personal use.

                      I also understand employees frequently and covertly record meetings with employers and that Employment Tribunals can, in certain circumstances, accept these transcripts as evidence.

                      I am thinking of covertly recording consultations and meetings with staff members of my local NHS Trust. Does anyone know if this raises potential issues under the Data Protection Act or any other statute?

                      Unfortunately there are people that roam this planet that are more than happy to be dishonest when the find themselves in a corner.

                      Many thanks.
                      Memory entails short term store memory and long term store memory. Short term memory is used to remember information as it happens (real-time store). So short term store (working memory) is used for real-time listening to data that then becomes information..ie events happening on the spot make sense (processed). We are limited in that after so many characters make up words information is then transferred to long term store memory. So then new information overlaps/ overrides the earlier stored information, making it difficult to recite from long term store all salient points. We take notes simply because we do not have enough short-term memory to transfer every single thing. It is absurd to not permit a person to take notes...after-all there would be no professionals and society would still be largely uncivilised as we would have to capacity to evolve.

                      Comment


                      • #12
                        Re: Law on covert voice recording

                        Originally posted by Openlaw15 View Post
                        Memory entails short term store memory and long term store memory. Short term memory is used to remember information as it happens (real-time store). So short term store (working memory) is used for real-time listening to data that then becomes information..ie events happening on the spot make sense (processed). We are limited in that after so many characters make up words information is then transferred to long term store memory. So then new information overlaps/ overrides the earlier stored information, making it difficult to recite from long term store all salient points. We take notes simply because we do not have enough short-term memory to transfer every single thing. It is absurd to not permit a person to take notes...after-all there would be no professionals and society would still be largely uncivilised as we would have to capacity to evolve.
                        I'll try to remember that!

                        :tongue1:

                        :grin:
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Law on covert voice recording

                          Originally posted by charitynjw View Post
                          I'll try to remember that!

                          :tongue1:

                          :grin:
                          Touche :P

                          Comment

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