Call recording or monitoring is permitted or restricted with various levels of privacy protection, law enforcement requirements, anti-fraud measures, or individual party consent.
The federal Telecommunications (Interception and Access) Act 1979 and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations.
"Interception" is defined in section 6, of which one element is that it is made "without the knowledge of the person making the communication".
Section 183 (Part VI) of the Criminal Code also outlaws surreptitious recording of communications without consent of one of the intended recipients.
The Denmark Data Protection Authority (DPA) ruled on April 11, 2019, that affirmative consent is required when companies record customer telephone calls.
Telephone tapping is permitted based on court order only and such permission is granted only if it is required to prevent a major offense involving national security or to gather intelligence on anti-national or terrorist activities.
Though economic offenses/tax evasion were initially covered under the reasons for interception of phones, the same was withdrawn in 1999 by the Government based on a Supreme Court order citing protection to privacy of the individual.
[18] Article 139a of Dutch Criminal law states that "He who deliberately uses a technical aid to record a conversation that is being held in a house, a closed room or a courtyard, without being a participant in the conversation and without any instructions from such a participant, is punishable with imprisonment of not more than six months or a fine of the fourth category”.
Furthermore, while not explicitly stated, the European General Data Protection Regulation applies to any processing of private conversations that is not ’strictly personal’.
Recording of phone calls by private persons falls under interception-related provisions of the Crimes Act 1961, which has a general prohibition on the use of interception devices.
[26] According to the Swedish Penal Code (Brottsbalken) Chapter 4, 8–9 §§, it is illegal to make unauthorized recordings of telephone conversations.
[27] A court can grant permission for law enforcement agencies to tap telephone lines.
In Turkey, there are strict conditions for both the act of surveillance and the storage of the data obtained, but as long as it is clear what it is being used for and legal procedures were followed by authorities, it is permissible.
The Regulation of Investigatory Powers Act 2000 in general prohibits interception of communications by a third party, with exceptions related to government agencies.
The main legislation which must be complied with is: Under RIPA unlawful recording or monitoring of communications is a tort, allowing civil action in the courts.
It is sometimes mandatory; from March 2009 Financial Services Authority rules required firms to record all telephone conversations and electronic communications relating to client orders and the conclusion of transactions in the equity, bond, and derivatives markets.
[32] In November 2011 this was extended to cover the recording of mobile phone conversations that related to client orders and transactions by regulated firms.
It has been conceded by those who believe the conduct here violates Section 605 [of the Federal Communication Act] that either party may record the conversation and publish it."
Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C.
Also included in the exception is misdemeanor obscenity and threats of injury to persons or property via an electronic communication device (usually a telephone) if directed in whole or in part towards a conversation participant or family members.