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Recording meetings and phone calls
Korting
post Mon, 22 Mar 2021 - 18:43
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I know that if you record a meeting digitally you have to inform the attendees that you are doing so, because of GDPR, but what if you are recording in analogue, ie on an old fashioned cassette or reel to reel tape recorder.

Do you still need to inform everyone?
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post Mon, 22 Mar 2021 - 18:43
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Jlc
post Mon, 22 Mar 2021 - 18:51
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Data protection doesn't just apply to digital medium. Even records on paper are in scope if they contain personal information.


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southpaw82
post Mon, 22 Mar 2021 - 19:10
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QUOTE (Korting @ Mon, 22 Mar 2021 - 18:43) *
I know that if you record a meeting digitally you have to inform the attendees that you are doing so, because of GDPR, but what if you are recording in analogue, ie on an old fashioned cassette or reel to reel tape recorder.

Do you still need to inform everyone?

IIRC, GDPR doesn't apply to recordings for purely personal purposes. So, why you're making the recording is far more important than the medium you're recording it on.


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cp8759
post Mon, 22 Mar 2021 - 21:47
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QUOTE (southpaw82 @ Mon, 22 Mar 2021 - 19:10) *
IIRC, GDPR doesn't apply to recordings for purely personal purposes. So, why you're making the recording is far more important than the medium you're recording it on.

From the UK GDPR:

2. This Regulation does not apply to-
(a) the processing of personal data by an individual in the course of a purely personal or household activity;
(b) the processing of personal data by a competent authority for any of the law enforcement purposes (see Part 3 of the 2018 Act);
(с) the processing of personal data to which Part 4 of the 2018 Act (intelligence services processing) applies.


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rosturra
post Wed, 24 Mar 2021 - 11:21
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Does this mean that an undisclosed recorded call would be inadmissible evidence?

E.g. recording threats or blackmail?

Unlikely. But if I were a woman who had just left an abusive relationship, my record app would always be active...





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andy_foster
post Wed, 24 Mar 2021 - 13:43
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In England, any properly lead relevant evidence is admissible unless it is excluded. Under PACE, evidence *can be* excluded if it was unfairly obtained, which is largely an 'interests of justice' balancing act.


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