Taping Business Mobile Phone Calls

Taping Business Mobile Phone Calls

The Financial Services Authority (FSA) consultation report, entitled "CP10/7 [PDF] Taping: Removing the mobile phone exemption" and published in March 2010, can be downloaded here:

http://www.fsa.gov.uk/pages/Library/Policy/CP/2010/10_07.shtml

This informative consultation report identifies new regulation that is needed where financial transactions and contracts are organised on mobile telephones that are themselves not using recording mobile devices to capture mobile communications that take place on those mobile devices issued for business purposes and, equally, whether regulation should extend to recording mobile communications on private mobile phones where dealings might be conducted. Of course the consultation report is based upon dealings within the scope of the Financial Services and Markets Act 2000. It also makes short reference to RIPA and DPA.

The consultation period ends in June should you wish to respond.

Because there are a wide-range of issues I have included weblinks (below) for a range of topics regarding recording communications that you may find helpful on the laws and regulation involved when recording communications and what should be done if recordings are taking place.

Recording Calls in the Workplace:
Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations")
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/coi_html/english/supplementary_guidance/monitoring_at_work_3.html

Statutory Instrument 1999 No. 2093:

The Telecommunications (Data Protection and Privacy) Regulations 1999
http://www.opsi.gov.uk/si/si1999/19992093.htm

Regulation of Investigatory Powers Act 2000:

http://www.opsi.gov.uk/acts/acts2000/ukpga_20000023_en_1

Human Rights Act 1998:

http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_1

Data Protection Act 1998:

http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_1

OFCOM FAQs:

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

Discussion on recording calls:

http://trewmte.blogspot.com/2009/03/recording-telephone-calls.html