DWP have an interesting interpretation on your Rights to Record telephone calls.
As part of my ongoing Saga with the DWP I received this rather interesting letter from my local Job centre Plus. I would like to confirm first of all that I have not asked for my interview with Departmental officials to be recorded (As I have no such interview).
This was sent to me by a Manager of the JCP in Reading. A manager who does not seem to know her role from one day to the next, as the Previous letter described her as the Jobcentre Manager and this letter describes her as the ‘Business Manager’. I find that interesting as one title Means a Person in Charge of a whole site, the other refers to a member of Staff who works in the Communication Section.
I digress, to get back to the topic of this letter. Even a lay person reading this can easily see the holes in what is being declared. Such as the emphasis on domestic purposes only it is highly misleading misinterpretation of the communications and Data Protections Acts. In turn I should also emphasise that this relates to the JCP/DWP recording on your behalf. Although this letter has been wrongly issued in respect of myself recording my Telephone calls with DWP staff.
The Paragraph talking about Publication, seems at first glance to be very damming against the person who chooses to Publish this little nugget (of often quite atrocious behaviour by staff) information. However look at it again, notice the word ‘may’ !
Yes in one interpretation where you are not a private individual and you are recording the conversation on behalf of a registered company in the United Kingdom, then you would have to comply with the correct Notifications and Registration with the Information Commissioner.
However for the rest of us as private individuals there are such things as ‘Fair Use’ in respect of the other parties copyright, and in legal terms ‘In the Public Interest’ as used by Journalists, which also applies to Private Individuals when making the Public Aware of alleged wrong doing or even possible criminal behaviour of DWP Staff.
They go on to mention in bold type
‘It is a criminal offence for a data controller to process personal information if they have not register this with the Information Commissioner’
Although entirely correct, it actually has absolutely nothing to do with this recording, other than the fact that if they request (or if they recorded and have kept a copy). That they are required by law to do this.
As a personal observation
What they actually find completely frustrating in all of this. Should I publish, my servers are not actually held within the United Kingdom or its Jurisdiction. So even if this letter had been factual (of which it is not) they are somewhat powerless in the modern digital age to prevent publication via privately owned servers outside of the UK. A fact they are more than aware of. A subject access request some years ago showed the redacted communications where the DWP attempted to obtain a ‘D’ Notice on n-gage-help.com (one of my former websites) to get it shut down because it carried recordings of Terry Moran and other Senior DWP officials (also referring to advice by Maria Eagle MP) admitting that by law they had to supercede my earlier award of DLA, but they had no intention of ever implementing that finding of the appeal tribunal. Yep the very same Terry Moran who wants to put peeps pictures on lamp posts to name and shame them. They where told categorically that a National Security ‘D’ Notice could not be served on a webhost which was at that time in Washington DC (USA).