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? FOI Request.

The request was refused by City of York Council.

Dear City of York Council,

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 faithfully,

Andrew Peacher

foi@york.gov.uk, City of York Council

Thank you for your email. Please note this is an automatically generated receipt to let you know we have received your email.

For information:

* The timescale for responding to Freedom of Information Act (FOIA) and Environmental Information Regulation (EIR) requests is up to 20 working days. We will contact you promptly if we need you to clarify your request or an extension to complete a public interest test.

o The timescale for responding to requests for a review, for FOIA or EIR responses, is up to 20 working days. You are also able to contact the Information Commissioner, contact details below:

* The timescale for responding to your rights in relation to personal data eg: subject access to records (SAR) request, is up to 1 month. We will contact you promptly if we require further information from you, or an extension.

o The timescale for responding to requests for a review, of responses to your rights regarding personal data, is up to 1 month. You are also able to contact the Information Commissioner, contact details below:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
Or email: [email address]<mailto:[email address]> (please include your telephone number in your email)

Regards
Customer Feedback Team

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foi@york.gov.uk, City of York Council

Dear Mr Peacher,

 

Please see below the response to your enquiry under the Freedom of
Information Act (FOIA) received on 10 October 2018.

 

A number of your points have been responded to as a discretion outside the
FOIA, as they are not requests for copies of, or extracts from information
the council holds in a recorded form. Where you have made requests for
copies or extracts of recorded information, your request has been
processed under the FOIA.

 

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

 

The council does not have any guidance regarding the responsibility of
members of the public choosing to act as Data Controllers, or Record
Managers. This information is therefore not held by the council. Members
of the public would need to seek their own advice about this and it may be
useful for them to consider guidance provided by the Information
Commissioners Office on [1]https://ico.org.uk/

 

2.   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.

 

As above the council does not provide protocols for members of the public.
This information is therefore not held by the council.

 

3.   Do you Inform Users they can record.

 

The council does not inform people they can record conversations as people
would need to take their own advice about the obligations they may become
subject to if they were to do this. This information is therefore not held
by the council.

 

Outside of the Act and to assist with your enquiries I can advise that
where the council records information from calls or meetings, this is done
in accordance with its obligations under relevant legislation and good
practice and people are informed about the recording and their rights of
access to the records.

 

4.   If the answer is no what is the reason for this please if so do send
me a copy.

 

Please see above. This information is therefore not held by the council.

 

5.   Are service users made aware of their right to record the encounter,
if they choose to do so?

 

Please see above. This information is therefore not held by the council.

 

6.   Is this reflected in you policy document on the matter?

 

Please see above. This information is therefore not held by the council.

 

7.   Does your organisation have an “Unacceptable Behaviour” policy?

 

Yes

 

8.   If so, please can you provide me with a copy?

 

This information is exempt under section 21 of the FOIA because it is
considered to be already reasonably available to you at section 6 of the
corporate complaints procedure. The link is provided in response to point
14 of your request.

 

9.   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.

 

There is no reference to calls being recorded. This information is
therefore not held by the council.

 

10.       Are your policies and procedures compliant with the public right
to audio-visually record encounters with your staff, without their
consent?

 

The council does not have policies and procedures relating to members of
the public recording people with or without consent. People choosing to
record others would need to take their own advice to ensure they are
meeting their obligations under the relevant legislation.

 

11.       If not, will you provide appropriate training for your staff so
they are fully informed of the Public right to record?

 

The council will not be providing training to staff about members of the
public recording information. It is not for members of staff to understand
whether there is a right to record information, or not. It is for the
individuals recording information to ensure they have a lawful reason for
doing so and to ensure they are complying with all their obligations and
to be able to evidence this if required.

 

12.       What is our organisations current charging policy for Freedom of
Information requests (FOI) or Subject Access Requests (SAR)?

 

The council does not hold any information relevant to your organisations
current charging policy for FOIA or SAR requests. We can however advise
that the council does not routinely make a charge for FOIA or SAR requests
it receives, but retains the right to do this for the tasks permitted in
law.

 

13.       If charges are applied are concessions available for those on
low income or students?

 

Please see above. This information is therefore not held by the council.

 

14.       What is your organisations complaints policy.

 

Complaints relating to use of information, including people’s personal
data, are considered under the corporate complaints procedure, which is
accessible through the following link.

 

[2]https://www.york.gov.uk/downloads/file/8...

 

15.       Please can you forward me a copy

 

This information is exempt under section 21 of the FOIA because it is
considered to be already reasonably available to you through the link
provided above.

 

16.       Does your complaints procedure permit service users evidence
such as covert call recordings to form part of the investigation.

 

The council considers information provided to support the bringing of or
response to a complaint on a case by case basis. Part of the consideration
would be whether the council has a legal basis for processing the
information. This is likely to depend on the specific purpose the
information was gathered, whether using it in relation to a complaint is
compatible with that purpose and what the individuals have been told.

 

If you are dissatisfied with our response you have the right to ask for a
review of how your enquiry was handled and responded to. This can be done
by contacting us through [3][City of York Council request email] stating your reason(s) why you
are dissatisfied. If you remain dissatisfied after receiving the review
response you

can contact the Information Commissioner, contact details below:

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

Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number

Fax: 01625 524 510
Or email: [4][email address] (please include your telephone number)

 

Yours sincerely,

 

 

City of York Council  |  Customer Complaints & Feedback Team, Customer &
Corporate Services

West Offices | Station Rise | York YO1 6GA

www.york.gov.uk | facebook.com/cityofyork | @CityofYork

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Dear City of York Council,

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

I am writing to request an internal review of City of York Council's handling of my FOI request '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? FOI Request.'.

please review this foi request and send the unacceptable behaviour policy used to keep the public and your staff good boys and girls.

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,

Andrew Peacher

foi@york.gov.uk, City of York Council

Thank you for your email. Please note this is an automatically generated receipt to let you know we have received your email.

For information:

* The timescale for responding to Freedom of Information Act (FOIA) and Environmental Information Regulation (EIR) requests is up to 20 working days. We will contact you promptly if we need you to clarify your request or an extension to complete a public interest test.

o The timescale for responding to requests for a review, for FOIA or EIR responses, is up to 20 working days. You are also able to contact the Information Commissioner, contact details below:

* The timescale for responding to your rights in relation to personal data eg: subject access to records (SAR) request, is up to 1 month. We will contact you promptly if we require further information from you, or an extension.

o The timescale for responding to requests for a review, of responses to your rights regarding personal data, is up to 1 month. You are also able to contact the Information Commissioner, contact details below:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
Or email: [email address]<mailto:[email address]> (please include your telephone number in your email)

Regards
Customer Feedback Team

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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foi@york.gov.uk, City of York Council

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Dear Mr Peacher,
 
Please see below the outcome of the review into this Freedom of
Information Act (FOIA) request, received on the 16^th October 2018.
 
Review Request:
I am writing to request an internal review of City of York Council's
handling of my FOI request, Please review this FOI request and send the
‘unacceptable behaviour policy’ used to keep the public and your staff
good boys and girls.
 
Review:
I have reviewed the FOIA response provided to you on the 16^th October
2018, and have found it to be concise, though and informative.
 
Regarding the ‘unacceptable behaviour police’ this has already been
provided to you. Please see question 8 of the response provided to you on
the 16^th October, where the council has applied Section 21 under the FOIA
as this information is reasonable accessible, and directs you to question
14. It also provides information as to what section this information can
be found, at section 6. Question 14 provides a link to our corporate
complaints procedure.
 
I have clinked on the link and determined that it is functional and have
easily found the section 6, titled ‘Dealing with Unreasonable and
Unacceptable Behaviour’, which can be found on page 13 & 14 of the
document.
 
Outcome:
My assessment is that the council has indeed provided you with a full and
concise response to your FOIA request, and that the council has also
correctly applied Section 21 for question 8 of your request. Therefore
this review is not upheld.
 
However, if you have any further queries regarding the remainder of the
response, please email [1][City of York Council request email] by the 21^st November 2018.
 
If you remain dissatisfied you can now contact the Information
Commissioner, contact details below:
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a
national rate number
Fax: 01625 524 510
Or email: [2][email address] (please include your telephone number)
 
Yours sincerely
 
City of York Council  | Information Governance, Complaints and Feedback
Team
West Offices | Station Rise | York YO1 6GA
[3]www.york.gov.uk | [4]facebook.com/cityofyork | [5]@CityofYork
 
 
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