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NELC 16.60.02.02–Personal Information and audio/ video recordings

1 Recordingsby the Council

1.1Recording telephone conversations

1.1.1North East Lincolnshire Council’s telephone system is capable of recording conversations. The circumstances where conversations can be recorded are set out in section 3 of the Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000(LBP Regulations). These limited circumstances include:

a)to evidence facts;

b)to ascertain compliance with regulatory procedures;

c)to ascertain if standards or targets are being met;

d)in the interests of national security;

e)the prevention or detection of crime; or

f)to investigate or detect unauthorised use of a telecommunications system.

1.1.2Personal data collected in the course of recording activities will be processed fairly and lawfully in accordance with the Data Protection Act 1998. It will be:

a)Adequate, relevant and not excessive;

b)Used only for the purpose(s) stated above and not used for any other purposes;

c)Treated confidentially, with access restricted to those officers with a lawful right to it; and

d)Kept protected and secure; and

e)Not kept for longer than necessary and when no longer need will be securely destroyed.

1.1.3North East Lincolnshire Council do not have to tell the other party we are recording their conversationif one or more of the purposes in the LBP Regulations is met. In all other circumstances, for example market research, we must obtain the consent of the other party before recording the conversation.

1.1.4Only officers set up as agents and supervisors working within the Contact Centre queues (Corporate Contact Centre, IT and Cofely Service desks) are currently able to record calls.

1.1.5The Council’s Privacy Notice and ‘Contact Us’ page on the website, include statements about the recording of telephone calls.

1.1.6To comply with the Payment Card Industry Data Security Standards (PCI DSS) and good practice, payment details are not recorded.

1.1.7In accordance with the Data Protection Act, recordings will not be kept for longer than is necessary.

1.2Recording meetings

1.2.1If North East Lincolnshire Council are intending to record a public meeting they should inform the attendees of the meeting that it is being recorded and the lawful purpose for which it is being recorded.

1.2.2If North East Lincolnshire Council are intending to record a meeting with a specific individual, they will normally inform that individual that the meeting is being recorded, and the lawful purpose(s) for which it is being recorded.

1.3Investigating noise disturbance complaints

1.3.1If North East Lincolnshire Council receives a complaint in relation to noise disturbance (i.e. loud music or barking dogs), we have a statutory duty to take such steps as are reasonably practicable to investigate the complaint.

1.3.2As part of the investigation efforts will be made to witness the noise, this can be by diary sheets, reactive or programmed visits, or the use ofaudio monitoring devices.

1.3.3Audio monitoring devices will only be deployed where appropriate, and can be undertaken by either placing

i) the device in the affected premises with the consent of the occupier; or

ii) the device outside of the source premises without the knowledge of the occupiers of the source premises.

1.3.3Complainant and the complainees, will have been informed about the possible use of an audiomonitoring device as part of the investigation process.

1.3.5Neither of these methods of monitoring require authorisation under the Regulation of Investigatory Powers Act 2000 (RIPA).

i) the device placed in the affected premises with the consent of the occupier, is not covert and so would not be directed or intrusive; and

ii) the device placed outside of the source premises, is unlikely to be directed as it is unlikely to result in the obtaining of private information about a person, and is unlikely to be intrusive as the recording device is outside of the source premises and is recording the noise asit is heard outside of the source premises.

1.3.6Officers will study the results of the recordings after the devices have been removed from the premises, in a secure and confidential environment.

1.3.7Any noise captured by the monitoringdevices relating to criminal or unlawful activity may be provided to the appropriate agency for further action.

1.3.8In accordance with the Data Protection Act, recordings will not be kept for longer than is necessary.

2Recordings by other parties

2.1As an employee of North East Lincolnshire Council it is possible that during the discharge of your duties a person or organisation you are dealing with, may with or without your knowledge or consent record your conversation or meeting with them.

2.2In accordance with the Data Protection Act, everyone has the right to record their own conversations for their own use. In these circumstances there is no requirement for them to inform us that they are recording the conversation, or to obtain the Council or officer’s consent.

2.3In most circumstances, as an officer acting on behalf of the Council and providing the facts of the situation and the Council’s position, there should be no reason to refuse the recording.

2.4However in practice, recording telephone conversations or meetings may make those taking part uncomfortable and so may not be helpful to the conduct of the discussion. As a result, rather than making a recording,it may be preferable to the officer to

a)arrange for notes to be taken which may be circulated and agreed afterwards. In the case of a meeting it may be suitable to have a neutral person present to take the notes; or

b)ask the individual to submit their questions or issues in writing, to which a written response will be provided.

2.5When deciding whether or not to consent to the recording, the Council will need to consider if the individual has a physical or mental impairment whether and allowing the recording would be a reasonable adjustment for this.

2.6If it is agreed that a meeting is to be recorded, then it is advisable that the meeting is held in a Council office and recorded using Council equipment. Both parties would then be provided with a copy of the recording.

2.7If a recording is made without the knowledge or consent of the Council or officer, and the individual subsequently decides to make it available to a third party or parties (i.e. someone who was neither the caller nor the intended recipient of the original communication), then they should first obtain the consent of the Council to do this and provide us with a copy of the recording.

The relevant legislation
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)
  • Telecommunications (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

Ofcom guidance
Ofcom are the communications regulator in the UK, and their guidance on the recording of telephone conversations can be found here

NELC 16.60.02.02 Version 2Page 1 of 4

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