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Yes, the IPRs and the UK GDPR both have requirements to give certain information to callers in connection with the recordings.

The IPRs 2018 permit the recording of calls by businesses for purposes such as quality control or staff training and development. While consent of the caller for such purposes is not required under these regulations, you must have made “all reasonable efforts” to inform participants that the call may be recorded.

The UK GDPR contains a requirement for transparency, which means that you must give the caller certain information at the point at which data is collected, that is at the start of the call. Because of the quantity of information to be given, it may be impractical to give all the information either in a pre-recorded message or through a live operator. The guidelines on transparency advise that information can be provided using a layered approach:

• The first layer, or primary way in which you first engage with the data subject should convey the most important information, that is, the details of the purposes of processing, the identity of the controller and the existence of the rights of the data subject.

• The remaining information could be provided by giving the caller options to listen to further information, by pressing numbers on their keypad, or by different means, such as by sending a copy of the privacy policy by email or sending the data subject a link to the controller’s online privacy statement.

Putting the law into practice 

Therefore, to ensure compliance with the legislation, you do need to take all reasonable efforts to inform callers that the call may be recorded, and provide them with certain basic information to comply with UK GDPR transparency requirements. This could be as simple as a recording that states:

“Calls may be recorded by for training, quality control and monitoring purposes. For more information on data protection and your rights, please [[press 1] OR [see our privacy notice on our website]]”.

It is recommended that you play this short pre-recorded message each time an inbound call is made by an end customer.

For Outbound Calls

A pre-recorded message is not feasible, we therefore would recommend that agents take all reasonable efforts to inform callers that the call may be recorded at the start of the call