# Is it illegal to record a telephone conversation without other party's permission?



## ajapale (11 Jan 2007)

Bushfire said:


> I understand that it is illegal to record a telephone conversation unless the other party's permission is sought and received



Can any one confirm that this is the case in the Republic of Ireland?

Thanks,
aj


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## Card (11 Jan 2007)

I believe you only need the consent of one of the parties in order to record a conversation, if you wish to then use the recorded conversation for whatever purpose that's a entirely different matter


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## sheena1 (11 Jan 2007)

If you suspect you are being recorded is there any way to check this out other than by reporting the matter to the gardai? or is there any way of securing a line to ensure that your calls cannot be intercepted by others?


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## polaris (11 Jan 2007)

If you ring Eircom, ESB etc, just before you are connected to an agent, you are informed that the call may be recorded for training purposes. 

Therefore, it seems that once the other party is aware that the conversation is being recorded then it's legal.


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## Lipstick69 (11 Jan 2007)

interception (defined as recording or listening to) without the consent of the person sending the message and the intended recipient is illegal under the 1983 Postal and Telecommunications Services Act, and is punishable as a summary offence or on conviction.


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## pat127 (11 Jan 2007)

Lipstick69 said:


> interception (defined as recording or listening to) without the consent of the person sending the message and the intended recipient is illegal under the 1983 Postal and Telecommunications Services Act, and is punishable as a summary offence or on conviction.


 
Which might suggest that all those companies which merely tell you that your call may be recorded, but don't positively seek your consent before proceeding,  are out-of-line?


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## ajapale (11 Jan 2007)

*Re: Is it illegal to record a telephone conversation without other party's permission*

Thanks for the information.

I accept that interception by a third party is illegal.

But if I record a conversation between me and say a utility, bank, government department ect without their permission ....is this illegal?

Further if I I post the audio recording on the internet...would this be illegal?


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## Z100 (11 Jan 2007)

ajapale said:


> Can any one confirm that this is the case in the Republic of Ireland?
> 
> Thanks,
> aj


 
Hi AJ,

On the Peats' website they have this note with the telephone recording adaptor they sell:

*It is illegal to record a telephone conversation unless you advise "other" party that you are recording their telephone conversation.*

That has always been my understanding of the law on this, permission must be sought and received before you record a call. I used to work for a magazine a few years ago and that was the advice given to me when I was interviewing people on the phone - so I always asked them first if it was okay to record.


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## santiago (11 Jan 2007)

*Re: Is it illegal to record a telephone conversation without other party's permission*



ajapale said:


> Thanks for the information.
> 
> I accept that interception by a third party is illegal.
> 
> ...


 You mean, like this conversation with Visa?


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## ajapale (11 Jan 2007)

*Re: Is it illegal to record a telephone conversation without other party's permission*



santiago said:


> You mean, like this conversation with Visa?



Yes, something like that is what I have in mind. I was thinking in terms of BT Ireland or NTL.


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## MugsGame (11 Jan 2007)

Wasn't there one recently where someone rang two country Garda stations, conferenced them together, and then recorded the confusion that resulted. Something about lightning on the line I think?


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## Joe1234 (11 Jan 2007)

MugsGame said:


> Wasn't there one recently where someone rang two country Garda stations, conferenced them together, and then recorded the confusion that resulted. Something about lightning on the line I think?



Yes, Castlebar and Westport.  Read about it earlier in the week.


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## Z100 (11 Jan 2007)

Joe1234 said:


> Yes, Castlebar and Westport. Read about it earlier in the week.


 
http://gingerpixel.com/?p=158


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## ClubMan (11 Jan 2007)

Nice one! I thought he said _"dere must be meteorite hittin' the line"_!


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## Z100 (11 Jan 2007)

ClubMan said:


> Nice one! I thought he said _"dere must be meteorite hittin' the line"_!


 
I didn't catch that at all on first hearing, but he did say it!!!!


Indo - Gardai hunt phone call prankster 

A PHONE prank call involving two unsuspecting gardai has become one of the most listened-to items on the internet. 
The call was carried out by an anonymous prankster who rang the numbers of two garda stations simultaneously and put both phones together to create a bizarre exchange. 
But the joke may be turning sour for the unidentified individual, who is now the subject of a garda investigation. 
The prank call led to much confusion in Castlebar and Westport garda stations in Mayo, with the gardai at either ends of the phone puzzling over what had happened. 
"Well I didn't ring, I picked up the phone, it rang here," said the garda in Castlebar. 
"And I picked up the phone because it rang here," said the bemused officer in Westport. 
*The conversation became even more surreal when the garda in Westport suggested that the phone line might have been "hit by a meteorite".* 
The 40-second conversation, which was recorded shortly before Christmas, has been uploaded onto personal internet websites. It was then picked up by radio stations such as NewsTalk 106 and Q102, which was how it came to the attention of the gardai. Supt Pat Doyle, of Westport station, confirmed that a garda investigation into the prank call was now under way. 
The person responsible could face a fine of up to €63,000 or imprisonment of up to five years for making nuisance calls under the Postal and Telecommunications Services Act. 
"I know people might say it is only a prank but you have to look at the serious aspects of that call. If you have only one garda looking after a station, which would be the position in Westport, he's tied up with a nuisance phone call and you could have an emergency call coming in. We want our lines to be clear for the job we have to do." 
The freelance animator Claire Wilson, who posted the recording on her webpage, has made it clear that she was not responsible. 
"I wasn't in on the original prank, I just heard it and thought it was too good not to share," she wrote. 
Most internet users have described the recording as funny but some have expressed concern at the possibility of a prosecution for wasting garda time under the 1976 Criminal Justice Act.


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## Z100 (11 Jan 2007)

polaris said:


> If you ring Eircom, ESB etc, just before you are connected to an agent, you are informed that the call may be recorded for training purposes.
> 
> Therefore, it seems that once the other party is aware that the conversation is being recorded then it's legal.


 
Wonder was this guy recorded for training purposes?

http://angry-bloke.freeonlinegames.com/


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