Re: Recording of Telephone Calls.

thughes@gtlaw.com.au
Thu, 1 Oct 1998 12:11:52 +1000

My understanding of the law, is that the law does not attach so much to the
recording of a telephone call but more the interception. It is the act of
interception that creates the offence not the recording. Naturally
recording can form part of interception, but it is not the key element of
the offence. See the Telecommunications Interception Act 1979, mainly
section 7.

regards

Tim Hughes
Gilbert & Tobin
thughes@gtlaw.com.au
+61 2 9367 3109

Stewart Fist <fist@ozemail.com.au> on 01/10/98 11:01:01

Please respond to fist@ozemail.com.au

To: Jan Whitaker <jwhit@PrimeNet.Com>, link@www.anu.edu.au
cc: (bcc: Timothy Hughes/Gilbert & Tobin/61)
Subject: Re: Recording of Telephone Calls.

Another aspect on the telephone recording problem.

I understand that stock-brokers routinely record all incoming calls because
they provide their only legal standing that someone has asked for shares to
be
bought or sold.

Does anyone know whether there's a routine warning given, or those little
beeps every 30 seconds, that are supposed to tell people?

Also, of course, on the journalistic angle.

What happens when someone phones a talkback host, who puts the conversation
to
air, where it is recorded all over the country ...? Now that will occupy
the
legal fraternity for a while won't it!

--
Stewart Fist - writer and columnist
See http://www.newsit.com.au/index_opinion.htm
       http://www.abc.net.au/http/sfist/         (some archives)
       http://www.electric-words.com              (main archives)
70 Middle Harbour Road, Lindfield, 2070,   N.S.W,   Australia
Phone +61 2 9416 7458                        Fax  +61 2 9416 4582












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