Call Recording Compliance

Is it legal to record telephone at home? 

It is only possible to provide our interpretation of some of the legislation relating to recording calls at home. We suggest you seek independent legal advice if you consider intercepting, recording, or monitoring telephone calls.

Several pieces of UK legislation govern the interception, recording and monitoring of telephone calls. The main ones are:

• RIPA-Regulation of Investigatory Powers Act 2000
• LBP-Telecommunications Lawful Business Practice 2000 (Interception of Communications Regulations)
• GDPR-General Data Protection Regulation 2018 (replaced the Data Protection Act)
• Human Rights Act 1998

Is it against the law to record telephone conversations on my home phone? 

The Regulation of Investigatory Powers Act 2000 (RIPA) does not prohibit individuals from recording their phone calls providing that the recording is for their own private use. A recording is only prohibited where some of the call’s contents are made available to a third party. This could include someone who was neither the caller, sender or intended recipient of the original communication.

Recording a conversation in secret, where a person is subject to threats or abuse, for example, is not a crime and is not prohibited. These recordings might be permissible as evidence by the police or a court of law.

There have been cases where journalists record conversations secretly, and then newspapers publish them without facing any legal problems. Generally, they will have asked for consent from the recorded party or argue that the recordings are in the public’s interest.

Do I have to tell people I intend to record their telephone calls with me? 

You only need the consent of the person you are recording if you intend to make the recording public or pass it to a third party.

Can businesses or government organisations record or monitor my phone calls with them? 

Yes, but under the GDPR (General Data Protection Act), companies must prove they have your consent or legitimate interest when recording your calls. Other exceptional circumstances relating to national security exist where a government organisation may be allowed to monitor or record your calls.

When dealing with businesses, you have the right not to be recorded, to have any recordings deleted and for your calls to no longer be recorded in the future. Companies must also keep recordings in a secure location and make them available to you upon request under the GDPR.

Would a private call recording be allowed as evidence in court? 

• This is a grey area, but it may be possible if the court gives permission and where the recording is made available to other parties before any hearing takes place, to consider its admissibility
• Covert recordings of children are unlikely to be allowable as evidence in a court

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

Under RIPA, recording or monitoring a communication unlawfully is a tort. If you think you have suffered from unlawful interception of your phone calls or e-mails, you can seek redress by taking a civil action against the offender in the courts.