whotheheckami: (Default)
whotheheckami ([personal profile] whotheheckami) wrote2003-07-24 09:22 pm

Phone Privicy

I wonder if anyone can help [livejournal.com profile] gardenpixie out? She needs to know if she has any come back against someone (the Fiddler) who taped a private telephone conversation without her knowledge some weeks ago.

She knows that he has played the tape to one other person, but does not know if he still has the tape.

Does anyone know if she can demand that he destroys the tape?

My knowledge is only about using tapes of conversations as evidence in Police matters and in thisa case I can't advise her.

[identity profile] green-amber.livejournal.com 2003-07-25 02:56 am (UTC)(link)
I *think* that is to meet data protection law. they are collecting personally identifying information (your conversation) and processing it (using it); so they have to tell you they're doing it & the purposes they;re using it for.

Gosh the law involved in this is complex isn;t it? DP, copyright, criminal and evidence - I should do an article on it.

[identity profile] red-cloud.livejournal.com 2003-07-25 03:14 am (UTC)(link)
Of course, data protection. Now that is a different saucepan of anchovies, isn't it? :-)

[identity profile] latexiron.livejournal.com 2003-07-25 04:56 am (UTC)(link)
Yes, but that only applies if the information is stored on a computer.

If you didn't want to be bound by that, you would stick to old fashioned tapes. Which do a far better job of standing up in court too.

[identity profile] whotheheckami.livejournal.com 2003-07-25 12:31 pm (UTC)(link)
I think recent extensions to the DPA make it clear that all record are included whatever media they are held on - including paper

[identity profile] whotheheckami.livejournal.com 2003-07-25 12:34 pm (UTC)(link)
You should - it's a minefield