Ofcom says that you should make every reasonable effort to inform all parties to a call that it may or will be recorded, silently monitored or intruded into.

Acceptable options for telephone conversations, depending on the circumstances, might include warning tones, pre-recorded messages or spoken warnings by the operator. It may not always be possible to warn first-time callers with whom you have had no previous contact, but what is important is that you have a systematic procedure in place which provides the necessary information where this is realistically possible.

Written warnings included in publicity material, telephone directories, contracts, terms of business or staff notices must also be taken into consideration. Most consumers will now be aware of how many organisations are conforming to this requirement. Advertisements that invite calls to a given number, whether the advert appears as a poster, on television or radio or in the print media, frequently carry a message to the effect that calls may be recorded or monitored for quality control.

Where organisations do feel it necessary to record or monitor calls - for whatever reasons - the rules under which they do so have been set by the Privacy of Messages condition of the major two telecoms class licences - the Self-Provision (SPL) and Telecommunication Services (TSL) Licences.

Legality to the use of equipment to record telephone calls can be split into three categories which we have listed below:

Legality of recording Employees’ telephone conversations – The legality of recording phone conversations is considered here from the employee and employer perspectives in the work place. The legality of recording telephone conversations is somewhat different if the issue concerns what the employee says to the customer, or if the employee makes a private call. More

Legality of recording conversations with customers: UK Law – Is recording conversations legal? What is British telephone recording law? More

Lawful Business Practice Regulations – What has been written on the other pages on this site about the legality of recording in your company should give you all the information that you need, however, should you require further information regarding Lawful Business Practice Regulations please read on. More

Useful Reading
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”)
• Telecommunication (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