Human Rights Act 1998

This is a summary as a guideline:

Informing relevant parties of recording or monitoring

It is not necessary to gain consent from participants in a telephone call before commencing recording, monitoring or intercepting. However, all reasonable efforts must be taken to inform all parties of the intent to record or monitor. This is generally achieved via information contained in advertisements, letterheads or within terms and conditions. It is also acknowledged that in certain circumstances it may not be appropriate to publicise the existence of recording equipment externally (i.e. monitoring a switchboard for bomb threats) and provision is made for this within the guidelines.

What can be monitored

It is now acceptable to monitor or record without consent for:

Establishing the existence of facts
Ascertaining compliance with regulatory or self-regulatory practices or procedures
Ascertaining or demonstrating standards which are achieved or ought to be achieved by persons using the system
Preventing or detecting crime
Investigating or detecting unauthorised use of the business’s telecoms system
Ensuring the effective operation of the system

In addition, Public Authorities are permitted to monitor or record in the interests of national security.