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UK/Scottish/Welsh Law/Cell Phone Call Recorder Application.

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Question
Dear Bruce

1. Can a Consumer having a Android cell phone device or any other wireless device with a call recorder application installed is not supposed to record phone calls conversation without taking prior permission from the other party ?.

Are there any legal bindings ?.

i.e. The party can file a case in the court if he/she comes to know that unknowingly the calls are being recorded by the consumer.


2. What are the legal solutions for the Consumer who would like to record and playback every call he/she receives from other parties
with the call recorder application ?.

The consumer has to approach a Lawyer to create a Legal document and then signed by both the parties mutually agreeing and consenting. The content matter will read "Granting Permissions
for Call recordings and playback by both parties".

i.e. Written legal document and not verbally spoken and
agreed by both the parties is the solution.  

Awaiting your reply,

Thanks & Regards,
Prashant S Akerkar

Answer
Hi Prashant,

Bearing in mind that the correct, relevant legislation (as we are in Scotland) is the Regulation of Investigatory Powers (Scotland) Act 2000 ("RIP(S)A"), in short:
http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

although
http://www.acitylawfirm.co.uk/recorded-conversations
may also be helpful.

UK/Scottish/Welsh Law

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Volunteer


Bruce Fyfe

Expertise

Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a retired, operational Police Officer with 30 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge. NB Scottish, not English; criminal, not civil or immigration!

Experience

Please see information above.

Education/Credentials
Master of Arts degree; Police Basic and Advanced Police examinations.

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