Question on advice given on DWB site

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Justanotherperson
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#1 Question on advice given on DWB site

Post by Justanotherperson » 24 Feb 2017 09:33

So I was browsing the many bits of information on the site to help a friend and I came across the section on recording calls here - http://www.dealingwithbailiffs.co.uk/re ... liffs.html

You've mentioned that the relevant Act and section for exemption of call recording is Section 3(1)(a)(i) of The Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000, but I don't think that is accurate. That legislation is an exemption for businesses to record calls for one of the reasons set out under those Regulations. So if your not a business with a reason to record the call under one of the reasons, then the exemption won't apply (the explanatory note also explains the relevance to businesses not individuals).

For individuals, the most likely relevant exemption would be S.36 of the DPA as it relates to domestic purposes and personal affairs of the individual.

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jasonDWB
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#2 Re: Question on advice given on DWB site

Post by jasonDWB » 24 Feb 2017 10:00

Thanks for bringing this to my attention. I'll look into this and update the site content in a moment.
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jasonDWB
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#3 Re: Question on advice given on DWB site

Post by jasonDWB » 24 Feb 2017 10:01

it says
36 Domestic purposes.

Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III.

I'll go with that. I'll update DWB
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Justanotherperson
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#4 Re: Question on advice given on DWB site

Post by Justanotherperson » 24 Feb 2017 10:11

Thank you, I only mention this as it has recently come up in a case I was involved in. As another point to note, where someone will look to rely on s.36, expect the other side (if they are represented) to argue otherwise and/or to request copies of all the recorded calls to ensure that the individual is not just selecting the best bits.

Fortunately the judge didn't think it relevant to allow disclosure of all recordings, although there were only three anyway but he deemed it was not proportionate to adjourn the case and he had heard enough already.

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jasonDWB
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#5 Re: Question on advice given on DWB site

Post by jasonDWB » 24 Feb 2017 11:10

I play a similar card when I get an admission from a bailiff he is recording himself with a bodycam.

I apply to the court on an N244, for an order that states, that unless the defendant within 14 days from the date of this order, the defendant do give the claimant the complete and unredacted video recordings, the defence stands struck out under CPR 3.4(2)(c)

The bailiff hangs himself with his own rope.
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#6 Re: Question on advice given on DWB site

Post by jasonDWB » 24 Feb 2017 14:12

DWB is updated. Good work.
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