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

John Jones Researcher made this Freedom of Information request to Barrow in Furness Borough 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.

John Jones Researcher

Dear Barrow in Furness Borough Council,

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,

John Jones Researcher

John Penfold, Barrow in Furness Borough Council

Hello John,

 

Please see my response to your survey if you need clarification or
additional information please contact me.

 

Regards

 

John

 

1: Recording with out permission is considered unacceptable behaviour and
is in the Unacceptable Behaviour Policy section 2.2.

 

[1]https://www.barrowbc.gov.uk/EasySiteWeb/...

 

 

2: The member of staff will be interviewed as part of the complaint 
investigation. All evidence will be considered as part of the
investigation. (Complaints policy).

 

[2]https://www.barrowbc.gov.uk/about-the-co...

 

 

3: Staff are aware of the Council's policies and this this is verified
through assurance audits.

 

4: a- N/A

 

B- however we will not actively encourage recording because we don't
believe it is necessary.

 

5: The Council has a policy relating to charging for EIRs and the same
applies to FOI. There is no charge for DP information or SAR.

 

[3]https://www.barrowbc.gov.uk/EasysiteWeb/...

 

 

Dear Barrow in Furness Borough Council,

 

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.

 

[4]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,

 

John Jones  Researcher

 

 

Barrow Borough Council – To view the Council’s Privacy notice and GDPR
Policy please click link below

 

[5]https://www.barrowbc.gov.uk/about-the-co...

 

Our vision for the Borough is a healthy population, with high aspirations,
living in good quality housing with decent jobs in a diverse economy.

 

Do you really need to print this e-mail?

 

This e-mail and any files transmitted with it are confidential and
intended solely for the use of the individual to whom it is addressed. Any
view or opinions presented are solely of the author and do not necessarily
represent those of Barrow Borough Council.

 

If you are not the intended recipient you may not use, disclose,
distribute, copy, print or rely on this e-mail. If you have received this
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References

Visible links
1. https://www.barrowbc.gov.uk/EasySiteWeb/...
2. https://www.barrowbc.gov.uk/about-the-co...
3. https://www.barrowbc.gov.uk/EasysiteWeb/...
4. http://www.freedomtalkradio.co.uk/uk-sur...
5. https://www.barrowbc.gov.uk/about-the-co...

John Jones Researcher

Dear Barrow in Furness Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Barrow in Furness Borough Council's handling of my FOI request 'Allowing Service Users & The general public by Audio or video source to record calls With your Permission or covertly between them and your staff.'.

Thank you for the speedy reply the answers in q 1 and q 3 contridict themselves and goes against the current laws of the uk and rights of citizens.

The survey is being distributed uk wide to all councills doctors nhs police etc etc.

do think again i am also emailing all the councillors ref this.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

John Jones Researcher

John Jones Researcher

Dear John Penfold,

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?

Freedom of Information Act 2000

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
What is your organisations protocol on service users recording calls when they speak to your staff? Please provide a copy of your policy, procedure and guideline notes on this issue.
or call centres 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.
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?

2. Does your organisation have an “Unacceptable Behaviour” policy? If so, please can you provide me with a copy?
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.

3. 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?

4. 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?

5. 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.
The Public need to record all calls too many lies now its time for honesty.

Yours sincerely,

John Jones Researcher

Freedom of Information, Barrow in Furness Borough Council

Dear Sir

FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST

I have considered your appeal in relation to provision of information in accordance with the Freedom of Information Act 2000.

My decision is that your appeal is unsuccessful.

If you are dissatisfied with this decision you may request the Information Commissioner to investigate.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 700

www.informationcommissioner.gov.uk

Yours sincerely

Freedom of Information

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