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 Post subject: recording conversations
PostPosted: Fri Mar 27, 2009 12:15 pm 
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I've moved this from Daisy's topic as it probably deserves a thread of its own! - Etienne

We have frequently found in the past when dealing with various people who say one thing and then write or do another that an MP3 player set to "record" is a useful means of enabling them to "remember" what they actually meant!!


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PostPosted: Fri Mar 27, 2009 1:12 pm 
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Location: Medway & Kent
Sorry Magwich2, I've had to read your post twice to make sure I read it correctly. Are you saying that you've actually recorded conversations with teachers on an mp3?


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PostPosted: Fri Mar 27, 2009 1:18 pm 
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I'm not sure, but don't you have to 'declare' the recording for it to be legal?

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PostPosted: Fri Mar 27, 2009 1:33 pm 
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Not actually with teachers because it has not been necessary .
We have , however, done so with Doctors, Health Visitors and sundry other public servants who have been known to lie!!


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PostPosted: Fri Mar 27, 2009 1:45 pm 
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:shock: Wow. Well thanks for answering honestly Magwich2, would love to know more but fear we are going off topic.


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PostPosted: Fri Mar 27, 2009 2:04 pm 
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It would not be legal on the phone - unless the other party was warned first.

I'm not sure that it would be illegal face to face.

If I had been on a panel when a recording was introduced as evidence, I think we would have sought legal advice before proceeding! :)

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PostPosted: Fri Mar 27, 2009 2:52 pm 
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Etienne wrote:
It would not be legal on the phone - unless the other party was warned first.

I'm not sure that it would be illegal face to face.

If I had been on a panel when a recording was introduced as evidence, I think we would have sought legal advice before proceeding! :)


all our phone calls in the out of hours GP services are recorded and the patients are told this beforehand, this is to protect both sides! Also we on occasions video consultations but this has to be done with the full consent of the patient both before AND again after the consulation - ie even after it is done it must be deleted. It also has to be made clear for what puprose the recording / videoing willbe used and who will see it. Strictly I suppose if you are recording you should offer a copy to the other person.


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 Post subject: recording conversations
PostPosted: Fri Mar 27, 2009 3:00 pm 
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I really do not know why people get so worried about recording conversations.
It seems to me to be very simple - if you remain polite and honest at all times and do not susequently seek to deny having said something you did say then you will never need to be worried. In my limited experience of most healthcare professionals (and from what other people post on this forum, teachers as well) and the various education authorities they do not lead such a simple life as I do!!!
It is not so much that such recordings can be used in evidence (the police seem quite happy with them when investigating allegations of perjury though) but rather that any hint of the existence of an MP3 file seems to have an amazing effect on the liar, frequently helping them to recall events far more accurately before their statement or evidence is presented to others!


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PostPosted: Fri Mar 27, 2009 4:07 pm 
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In fact, technically, it’s not the act of recording a conversation that is illegal, it’s the application of said recording.

So it’s not against the law to record something either on the telephone or face to face for your own use, but you can’t produce it as evidence unless you had informed the other party that you were going to tape the conversation prior to that conversation beginning. This is covered by the Regulation of Investigatory Powers Act 2000 which makes it clear that disclosure to a third party requires agreement from both parties involved in the conversation. An Appeal Panel, for example, would clearly be a third party.

As a journalist, I can (and do) record a lot of interviews but if I want to publish quotes from them I have to have informed consent.

As to why people object, magwich, I would venture to suggest it’s a rather aggressive, not to say rude, approach which is likely to put people’s backs up and is more likely to lead to cover-ups and ‘no comments’ than it is to unearth the truth. But that’s just my opinion, of course.


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PostPosted: Sat Mar 28, 2009 6:11 am 
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Wow, magwich - I bet you're a popular topic of conversation in the Staff Room at your kid's school!


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