Specifications

Technical or Setup Assistance
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10 Installation and Operations Manual
This condition applies in circumstances where you wish to use telecommunications apparatus comprised in or connected to
your system to record, silently monitor or intrude into live-speech telephone calls. (It does not apply where the apparatus in
question is not telecommunications apparatus; i.e. is not apparatus that had been constructed or adapted for use in transmitting
or receiving telecommunications messages.) Silent monitoring is the establishment of a receive-only transmission path to a
third terminal, enabling a third party to hear the call. Intrusion is the establishment of a bothway speech transmission to
another terminal enabling a third party to hear and be heard by at least one of the other parties to the call. The condition does
not apply to the monitoring of telephone calls for a systems control or diagnostic purposes where the meaningful content of
the call itself is monitored.
This condition provides that you should make every reasonable effort to inform all parties to a call that it may or will be
recorded, silently monitored or intruded into. The particular means by which you choose to do this are not specified in the
condition. Acceptable options, depending on circumstances, might include warning tones, prerecorded messages, spoken
warnings by the operator or written warnings included in publicity material, telephone directories, contracts, terms of business,
staff notices, etc. It may not always be possible to warn first-time callers with whom you have had no previous contact but
what is important is that you have a systemic procedure in place which provides the necessary information wherever this is
a realistic possibility.
For recording and silent monitoring, this condition recognises two forms of warning: a written notice before the call or a
warning during the call itself. Both warnings should also inform all parties to a call why it is being recorded or silently
monitored. In the case of intrusion, a warning before the intrusion takes place is sufficient as both parties will become aware
that a third party has joined their conversation.
This condition does not specify the detail of how these forms of warning should be given. A written statement included in
any of the following — contractural terms, conditions of employment, publicity material, staff notices, telephone directory
entries — would be a possible method.
The essential point is that the equipment user must be able to demonstrate that a determined attempt has been made to reach
prospective callers; as an illustration, we would expect any warning included in a company’s publicity material to be presented
in such a way that it would not be missed by anyone looking for that company’s telephone number(s). A warning which is
not clearly visibly would fail to meet this requirement.
Where the warning is to be given during the call itself, the possibilities include a recorded message at the beginning of the
call or a spoken message at any time during the conversation.
You should also maintain a record of the means by which callers have been warned which the Director may request sight of.
This does not mean that you have to log each phone call; rather, that should a dispute arise, it will be possible for you to show
from records how callers were being made aware at the time.
This condition does not apply where apparatus is being used for the purpose of law enforcement or in the interests of national
security or to calls involved the national Emergency Organizations. It also provides that other licensees may be excluded, by
means of a Director’s consent, where there are compelling factors that outweigh the normal expectation of privacy. Such
factors might apply where security is a consideration or in the case of specialized users such as helplines. In accordance with
Section 19 of the Telecommunications Act of 1984, these consents will be entered on a register open to public inspection.
This condition attempts to secure objectives similar to those which were previously achieved through an approval requirement
that equipment capable of recording, silently monitoring or intruding into telephone conversations should emit warning
tones as these operations take place. The removal of warning tones was permitted by an OFTEL General Variation provided
that an alternative form of warning was given. The expectation is that procedures complying with the General Variation
should, generally, also meet the requirements of this condition.
BABT Recording
Requirements