Law around call recordings

Liberty Converse
1

Apologies if this is obvious… we use the Liberty Converse system. For incoming calls we have a message before they get to us saying all calls are recorded. But I am trying to find the legal position about telling people they are being recorded when we ring out to people. I can find blogs etc but nothing on the ICO or Gov.uk.
And (I assume not) but is it possible to automate a message on an outbound call?

Thanks

2

Hi Vanessa,

Thanks for your question — and no worries at all, it’s a really good one.

Outbound Call Recording Notification

First, regarding automating a message on outbound calls:
Unfortunately, there’s currently no way to automatically play a recording to the person being called before the agent speaks. Please do add this to the Ideas Portal though — it’s a great suggestion and something we can explore. That said, automating a message could risk the call being perceived as robotic, which might lead to the recipient hanging up before engaging with the agent. So, from a user experience perspective, it’s often more effective and personable for the agent to simply inform the caller verbally.

Legal Position on Informing Callers

There’s no specific UK law that explicitly states companies must inform individuals when recording outbound calls. However, under UK GDPR and the Data Protection Act 2018, if the call contains personal data, the company must be transparent about the recording and explain its purpose. This is part of the lawful basis for processing personal data.

Additionally, if the call is for direct marketing, the Privacy and Electronic Communications Regulations (PECR) apply. These require the caller to:

  • Identify themselves

  • Display their number

  • Provide a contact address or freephone number if requested

  • Comply with the Telephone Preference Service (TPS)

While not a strict legal requirement in every case, best practice — and often necessary under GDPR — is to inform the individual at the start of the call that it is being recorded. This is also the approach taken by government departments, as shown in examples from GOV.UK and the ICO.

Given the complexity and the fact that legal interpretation can vary, we recommend checking with your organisation’s governance or compliance team to confirm your internal policy. They’ll be best placed to advise based on your specific use case and risk profile.

Sorry I couldn’t give a more definitive legal answer — but I hope this helps clarify the position and gives you a good starting point.

Best regards,
Jonathan

3

Thanks for the question, Vanessa, and thank you, Jonathan, for pitching in. Just adding that, of course, any responses here are individuals’ interpretations of the law. You will need to get your own Legal team to clarify the Legal position for your organisation. But I hope Jonathan’s response points you in the right direction.