Allowing Service Users & The general public by Audio or video source to record calls With your

Andrew Peacher made this Freedom of Information request to Aberdeen City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Aberdeen City Council,

Allowing Service Users & The general public by Audio or video source to record calls With your

Permission or covertly between them and your staff.

This is a survey purely to establish the publics freedom to record privately the organizations policy and advise on the subject

and your employees understanding of the laws in public office and with in business.

Perhaps we could work with you to help develop the model that the rest of the country follows?

Some local authorities have policies that breach criminal law "Service users should understand that Judges are highly unlikely

to accept covert recordings as evidence in court." is clearly wrong and there are many cases of judges ruling the opposite, though

the normal protocol would be that a recording is transcribed and if there is dispute a copy of the recording provided.

Heres a general link of the laws involved in the uk.

http://www.freedomtalkradio.co.uk/uk-sur...

1 Do you have any guidance or policy for the public or service users to record calls when they speak to your staff

or call centres Do you Inform Users they can record. If the answer is no what is the reason for this please.

2 What do you do and what is your policy when a serious complaint against a staff member is made when a person complains about wrong doing

and has evidence of foul play in your orginization will you accept covertly or permission based Audio or video evidence in the case.

Do you Fully investigate under public interest laws and take note of any criminal charges.

if the answer is no why not.

3 Are your staff the majority of them who answer public calls or when meeting a member of public are staff aware of the policies

and the laws ref telephone recordings using the relevant laws laid down by legistlation. if the answer is no why not.

4 If you have no policy advice or framework for the above will you develop a policy etc.

Will you encourage the public to record a 2 way conversation if the answer is no why not.

5 What are your orginizations views on charging the public in foi requests and data protection and subject access requests should their

information request be free.

what happens in a situation a benefit claimant or non waged person needs information what do you do to help them or someone who has no spare income.

is it fair if the public record you then they should charge you for a copy of the recording or video the same fee you charge them.
Any tips and comments will help the public understand the uks public servants and business policies ref this subject.

I have looked for 4 weeks and cannot find this information in the public domain or the www please do point me to your policies

regarding the above.

you are welcome to messsage me from the above link should you want to be a whistleblower or have issues with publishing any of this content

and of course we can leave you as a anonmous reply should you wish but remember the principles of being in public office.

The Public need to record all calls too many lies now its time for honesty.

Your comments please

Yours faithfully,

Andrew Peacher

Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Mr Peacher,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 2 October
2018.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

Allowing Service Users & The general public by Audio or video source to
record calls With your Permission or covertly between them and your staff.

 

This is a survey purely to establish the publics freedom to record
privately the organizations policy and advise on the subject and your
employees understanding of the laws in public office and with in business.

We would be extremely grateful if you could clarify if you wish to make an
FOI request or if this is just a survey? The reason I am asking is, if it
is an FOI request, our answers will be based solely on recorded
information so any questions seeking opinion, views or comment will not be
answered as fully as perhaps they would should this be a survey for
completion.

 

2. What do you do and what is your policy when a serious complaint against
a staff member is made when a person complains about wrong doing and has
evidence of foul play in your orginization will you accept covertly or
permission based Audio or video evidence in the case.

 

Do you Fully investigate under public interest laws and take note of any
criminal charges. if the answer is no why not.

We would be extremely grateful if you could clarify what you mean by
‘public interest laws’? We would be extremely grateful if you could
clarify what you mean by ‘taking note’ of any criminal charges?

 

3 Are your staff the majority of them who answer public calls or when
meeting a member of public are staff aware of the policies and the laws
ref telephone recordings using the relevant laws laid down by
legistlation. if the answer is no why not.

We would be extremely grateful if you could clarify what you are asking
here? Are you looking for information on whether public-facing staff are
aware of any policies relating to telephone recordings?

 

Will you encourage the public to record a 2 way conversation if the answer
is no why not.

This doesn’t seem to be a request for recorded information. We would be
extremely grateful if you could clarify what you are looking for here?

 

5 What are your orginizations views on charging the public in foi requests
and data protection and subject access requests should their information
request be free. what happens in a situation a benefit claimant or non
waged person needs information what do you do to help them or someone who
has no spare income.

This doesn’t seem to be a request for recorded information. We would be
extremely grateful if you could clarify if you are asking whether ACC
charges the public to access information?

 

is it fair if the public record you then they should charge you for a copy
of the recording or video the same fee you charge them. Any tips and
comments will help the public understand the uks public servants and
business policies ref this subject.

This doesn’t seem to be a request for recorded information. We would be
extremely grateful if you could clarify what you are looking for here?

 

Your comments please

This doesn’t seem to be a request for recorded information. We would be
extremely grateful if you could clarify what you are looking for here?

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in. Please note we will keep
your request on file for 20 working days whilst we await your
clarification. It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

[1]ACC_Crest_for Grant Webster | Information Compliance Officer
mac email
Aberdeen City Council | Information Compliance Team |
Customer Feedback |Customer

Marischal College | 3^rd Floor | Broad Street | Aberdeen
| AB10 1AQ

 

Dial: 01224 522166

[2]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
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to regular monitoring.

References

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Dear Foi Enquiries,

I am confirming yes i need a foi request.

FOI REQUEST AND YOUR OWN VIEWS ON THE SUBJECT OCT 4th 2018.

John Jones

Freedom Talk Radio

Freedom of Information Act 2000

Thank you for your request for information that was received on 3 October 2018 concerning

http://www.freedomtalkradio.co.uk/uk-sur...

FOI Request.

1 Do you have any guidance or policy for the public or service users to record calls when they speak to your staff

or call centres Do you Inform Users they can record. If the answer is no what is the reason for this please.

2 What do you do and what is your policy when a serious complaint against a staff member is made when a person complains about wrong doing

and has evidence of foul play in your organization will you accept covertly or permission based Audio or video evidence in the case.

Do you Fully investigate under public interest laws and take note of any criminal charges.

if the answer is no why not.

3 Are your staff the majority of them who answer public calls or when meeting a member of public are staff aware of the policies and the laws ref telephone recordings using the relevant laws laid down by legislation. if the answer is no why not.

4 If you have no policy advice or framework for the above will you develop a policy etc.

Will you encourage the public to record a 2 way conversation if the answer is no why not.

5 What are your organizations views on charging the public in foi requests and data protection and subject access requests should their information request be free.

What happens in a situation a benefit claimant or non waged person needs information what do you do to help them or someone who has no spare income.

Is it fair if the public record you then they should charge you for a copy of the recording or video the same fee you charge them.
Any tips and comments will help the public understand the uks public servants and business policies ref this subject.

Yours sincerely,

Andrew Peacher

Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Mr Peacher,

 

Thank you for your clarified request for information, made under Section
1(1) of the Freedom of Information (Scotland) Act (FOISA), and received on
4 October 2018.

 

We would be extremely grateful if you could confirm that the information
you are requesting is as follows:

 

1. Do you have any guidance or policy for the public or service users to
record calls when they speak to your staff or call centres? Do you inform
users they can record? If the answer is no, what is the reason for this
please?

 

2. What do you do and what is your policy when a serious complaint against
a staff member is made when a person complains about wrong doing and has
evidence of foul play in your organisation? Will you accept covertly or
permission based audio or video evidence in the case? Do you fully
investigate the complaint and take note of any criminal charges? If the
answer is no why not?

 

3. Are your public-facing staff aware of any policies relating to
telephone recordings? If the answer is no why not?

 

4. If you have no policy advice or framework for the above will you
develop a policy?

 

5. Does ACC charge the public to access information under Freedom of
Information and Data Protection? Please provide information on the
charging policy.

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in.  Please note we will keep
your request on file for 20 working days whilst we await your
clarification.  It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

     
[1]ACC_Crest_for mac Anna Buchan | Information Compliance Officer
email
Aberdeen City Council | Information Compliance Team |
Customer Feedback |Customer

Marischal College | 3^rd Floor | Broad Street |
Aberdeen | AB10 1AQ

 

Dial: 01224 522166

www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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Dear Foi Enquiries,

All Ready confirmed YES YES YES YES Please answer the 5 questions PLEASE PLEASE PLEASE

Yours sincerely,

Andrew Peacher

Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Mr Peacher,

 

Information enquiry reference FOI-18-1445.

 

Many thanks for your recent clarification of your information request,
which we received on 08 October 2018.

 

The scheduled date for our response to your request for information is on
or before 05 November 2018.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

 

[1]ACC_Crest_for Salomeh Kheyri Rad | Information Compliance Officer
mac email
Aberdeen City Council | Information Compliance Team |
Customer Feedback |Customer

Marischal College | 3^rd Floor | Broad Street | Aberdeen
| AB10 1AQ

 

Dial: 01224 522166

[2]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
2. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

3 Attachments

Dear Mr Peacher,

 

Thank you for your information request of 08 October 2018.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested. Our response is now detailed below.

 

1  Do you have any guidance or policy for the public or service users to
record calls when they speak to your staff or call centres ? Do you inform
users they can record ?  If the answer is no, what is the reason for this
please ?

No, ACC do not have any policy or guidance relating to members of the
public recording calls to the Council. Members of the public are not told
that they can record calls. No information is held by the Council as it is
not required to do so.

 

ACC is unable to provide you with information on any guidance or policy
for the public or service users to record calls when they speak to our
staff or call centres as it is not held by ACC.  In order to comply with
its obligations under the terms of Section 17 of the FOISA, ACC hereby
gives notice that this information is not held by it. 

 

2 What do you do and what is your policy when a serious complaint against
a staff member is made when a person complains about wrong doing and has
evidence of foul play in your organisation ? Will you accept covertly or
permission based audio or video evidence in the case ? Do you fully
investigate the complaint and take note of any criminal charges? If the
answer is no why not?

Internal investigations into misconduct by staff members are managed in
accordance with the Council’s Managing Discipline policy. An internal
investigation may be undertaken at the same time as a criminal
investigation. Complaints are fully investigated and note is taken of any
criminal charges.

 

The Council’s Human Resources must be consulted by the Council’s
management before evidence resulting from covert or overt surveillance can
be used as part of an internal disciplinary process. Please find enclosed
the Managing Discipline policy.

 

ACC is unable to provide you with information on officers name (as appears
in the attached Managing Discipline Policy) as it is exempt from
disclosure. In order to comply with its obligations under the terms of
Section 16 of the FOISA, ACC hereby gives notice that we are refusing your
request under the terms of Section 38(1)(b) in conjunction with
38(2A)(a)(i) – Personal Information - of the FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as any information held is personal information relating
to living individuals, of which the applicant is not the data subject.

 

ACC is of the opinion that Section 38(2A)(a)(i) applies, as we consider
that disclosure of this information would be a breach of the ‘lawfulness,
fairness and transparency’ principle. ACC officers who are under Chief
Officer level have not consented to the disclosure of their information,
and ACC does not consider that they would expect ACC to release this
information about them into the public domain under the FOISA.

 

3 Are your public-facing staff aware of any policies relating to telephone
recordings? If the answer is no why not?

All calls at the Customer Contact Centre are recorded and monitored for
the purposes of quality assurance and health and safety.  The relevant
staff are all made aware of the Policy for Use of Voice Recording, which
provides the framework for recording and monitoring of customer calls in
the Customer Contact Centre.  There is no policy relating to the public or
service users recording calls, therefore staff are not aware of one.

 

4 If you have no policy advice or framework for the above will you develop
a policy ?

Please see the response to Question 3.  We have no plans to develop a
policy relating to the public or service users recording calls.

 

5 Does ACC charge the public to access information under Freedom of
Information and Data Protection? Please provide information on the
charging policy.

Any access to information under Freedom of Information is free of
charge.  

 

Under Data Protection law, subject access requests must normally be free
of charge.  In very rare cases, the Council can consider charging a
reasonable fee for handling a request for subject access, but only if it
is ‘manifestly unfounded or excessive’, and particularly if it is
repetitive.  The Council may also charge a reasonable fee to comply with
requests for further copies of the same information. The fee must be based
on the administrative cost of providing the information.  If a fee is to
be charged, payment must be requested as soon as possible, and in any
event within the first five days of receiving the request. 

 

We hope this helps with your request.

 

Yours sincerely,

 

 

Salomeh Kheyri Rad

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

[1]ACC_Crest_for Salomeh Kheyri Rad | Information Compliance Officer
mac email
Aberdeen City Council | Information Compliance Team |
Customer Feedback |Customer

Marischal College | 3^rd Floor | Broad Street | Aberdeen
| AB10 1AQ

 

Dial: 01224 522166

[2]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
2. http://www.aberdeencity.gov.uk/