May I draw attention to the Privacy and Electronic Communications Regulations 2003.

Regulation #10 enables the regulatory enforcement of the right to privacy in respect of one's own provider.
Regulation #13 enables that provider to ensure that it is respected by others, so that it may comply with regulation #10.

Regulation #14 covers the ability to provide anonymous location information.

Regulation #16 covers calls to emergency services.

To my mind, any provider who has not ensured compliance with blocking of caller id by all those to whom calls are connected is failing to comply with regulation 10.

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Comments

Fans of the European Union may be interested to note that these regulations are the UK implementation of Articles 8 and 9 of the Directive on Privacy and Electronic Communications - 2002/58/EC passed by the European Parliament and the Council on 12 July 2002.

The legally minded may wish to note that Ofcom's General Condition 16 requires that provision of Calling Line Identification Facilities is made "in accordance with the requirements of Relevant Data Protection Legislation." (The latest version of the General Conditions is found here)
An alleged breach could therefore be investigated by Ofcom, or by the ICO, which enforces the PECR. As the regulation applies to telcos, this would fall most naturally to Ofcom.

(As an aside from the matter under discussion, if one reads regulation 15 (3) in passing, it may be of interest to note that until November 2003 Oftel / Ofcom was not regarded as a "person with a legitimate interest" by BT. That was changed, so that the necessary evidence to start taking action against Silent Callers could be supplied to Ofcom.)

Hobbie wrote on Jun 15^th, 2009 at 7:50am:


Regulation #10 reads as follows:

Quote:


That seems clear enough to me.

To provide such a "means" the provider must be confident that the provider of the "connected line" will respect whatever method is used to fulfil this requirement. This is aided by regulation #13:

Quote:


The wording is somewhat tortuous because it is drafted so that it works in both directions, as the right not to know the identity of a caller (regulation 11) is seen as being as important. (I can only think of worrying about one's partner dialling 1471 to see who has been calling you as an example of where this could be useful.)

Tanllan wrote on Jun 15^th, 2009 at 12:42pm:

I am pleased to say that I was unaware of 1470 as I have never needed to worry about it. (One suspects that this has been deemed necessary in order to comply with regulation 11 on a "per call" basis, although that is not specifically demanded). I do worry about making verbs out of nouns, making them out of adjectives is even more disturbing.

Perhaps Tanlan should be thanked for helping the telcos in their compliance with regulation 12.

mikeinnc wrote on Jun 16^th, 2009 at 5:09am:


Am I right in saying, that if you record a telephone call it is illeagal to do so with out telling the person on the other end first?

derrick wrote on Jun 16^th, 2009 at 11:15am:


But I believe you can only use the transcript in a court of law if you have  said that the call is being recorded. I guess this is why it is always stated on the recording you get when you get (and if!!) you get through to an institiution

sherbert wrote on Jun 16^th, 2009 at 11:21am:



Did you see my second link above? ; - http://www.retellrecorders.co.uk/legal/home.htm

Do businesses have to tell me if they are going to record or monitor my phone calls or e-mails?

No. as long as the recording or monitoring is done for one of the above purposes the only obligation on businesses is to inform their own employees. If businesses want to record for any other purpose, such as market research, they will have to obtain your consent.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.