Recording of conversations
Reference: 18019
Date Added: Dydd Gwener, 26 Hydref 2018
Category:
Disclosure Details
Question
1) Are Service Users or the general public allowed to audio-visually record meeting and calls with your staff? If so, do they require permission or are they permitted to do so covertly?
2) Do you have any guidance or policy for the public or service users to record calls when they speak to your staff
3) What is your organisations protocol on service users recording calls when they speak to your staff or call centres? Please provide a copy of your policy, procedure and guideline notes on this issue. 4) Do you Inform Users they can record. If the answer is no what is the reason for this please if so do send me a copy.
5) Are service users made aware of their right to record the encounter, if they choose to do so? Is this reflected in you policy document on the matter?
6) Does your organisation have an “Unacceptable Behaviour” policy? If so, please can you provide me with a copy? Regarding court staff the public or the court itself.
7) If such a policy contains points of objectionable behaviour such as telephones calls being recorded by the caller due to them being not necessary or unwanted or needed, and furthermore the staff members may feel threatened or apprehensive, are you aware that denying users the right to record calls goes against the current UK laws.
8) Are your policies and procedures compliant with the public right to audio-visually record encounters with your staff, without their consent? If not, will you provide appropriate training for your staff so they are fully informed of the Public right to record?
9) What is our organisations current charging policy for Freedom of Information requests (FOI) or Subject Access Requests (SAR)? If charges are
Answer
Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held.
Under the provisions of those sections of the FOIA, we can confirm that the information you seek is partly held by the Office of the Police and Crime Commissioner for Gwent. Please find responses below.
1) Are Service Users or the general public allowed to audio-visually record meeting and calls with your staff? If so, do they require permission or are they permitted to do so covertly?
No information held
2) Do you have any guidance or policy for the public or service users to record calls when they speak to your staff
No information held
3) What is your organisations protocol on service users recording calls when they speak to your staff or call centres? Please provide a copy of your policy, procedure and guideline notes on this issue.
No information held
4) Do you Inform Users they can record. If the answer is no what is the reason for this please if so do send me a copy.
No information held
5) Are service users made aware of their right to record the encounter, if they choose to do so? Is this reflected in you policy document on the matter?
No information held
6) Does your organisation have an “Unacceptable Behaviour” policy? If so, please can you provide me with a copy? Regarding court staff the public or the court itself.
No information held. We do not have a specific unacceptable behaviour policy for either staff or the public – the Office of the Police and Crime Commissioner for Gwent does not employ court staff and has no responsibility over the court.
7) If such a policy contains points of objectionable behaviour such as telephones calls being recorded by the caller due to them being not necessary or unwanted or needed, and furthermore the staff members may feel threatened or apprehensive, are you aware that denying users the right to record calls goes against the current UK laws.
No information held
8) Are your policies and procedures compliant with the public right to audio-visually record encounters with your staff, without their consent? If not, will you provide appropriate training for your staff so they are fully informed of the Public right to record?
No information held
9) What is our organisations current charging policy for Freedom of Information requests (FOI) or Subject Access Requests (SAR)? If charges are applied are concessions available for those on low income or students?
Subject Access Requests
There is no charge for Subject Access Requests unless the request is manifestly unreasonable, excessive or unfounded and/or the request asks for a further copy of information which has already been disclosed. Those requests that are deemed chargeable will have a reasonable fee applied to cover the administrative cost of complying with the request.
Disclosures provided in response to initial SARs to the OPCC and which are facilitated via email or by the data subject collecting in person will be provided free of charge unless they are deemed to be excessive. Subsequent requests made by the same applicant for the same information within a 60 day period will attract an administrative fee.
Freedom of Information
The Act makes provision for the charging of fees for information. Fees will be calculated in accordance with the statutory guidelines set down by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulation 2004.
If a decision is taken to charge for the cost of providing information, we will send a fees notice stating the amount that should be paid, including how we have calculated this, as soon as possible within the 20 working day response period. The response will include:
- An explanation that the 20 working day period for responding to the request will be paused until payment is received (payment is expected within three months of the date of the notice or we will assume that the request no longer needs to be answered. The 20 working day response period will recommence when the payment has been cleared);
- How to pay the fee; and
- Rights of complaint via internal review and to the Information Commissioner about the fee levied.
Fees may be charged for:
- Production expenses (such as redacting exempt information, printing or photocopying);
- Postage;
- Complying with the applicants preferences about the format they would like to receive the information (such as scanning to a CD)
No concessions are available to those on a low income or students for either Subject Access Requests or Freedom of Information Act requests.
10) What is your organisations complaints policy? Please can you forward me a copy? Does your complaints procedure permit service users evidence such as covert call recordings to form part of the investigation?
We do not have one organisational complaints policy as there are a number of different ways to make a complaint which is dependant on who the complaint is about.
Generic information on how to make a complaint is available on our website www.gwent.pcc.police.uk/contact-us/making-a-complaint/
We also have a complaints protocol relating to complaints made against the Chief Constable of Gwent Police which can be found at the link below:
www.gwent.pcc.police.uk/fileadmin/user_upload/documents/Publications/Complaints_Protocol.pdf
No information is held in relation to the following part of your question ‘Does your complaints procedure permit service users evidence such as covert call recordings to form part of the investigation?’