The Law & Privacy Questions
The Acceptable Use Policy is the policy devised by Record Retrieve regarding the acceptable use of Record Retrieve’s services by its customers (available at the website) http://www.recordretrieve.com/about-us/acceptable-use-policy/
Please refer to the terms and conditions information (available at the website) http://www.recordretrieve.com/termsofuse
Your business may be governed by the Privacy Act 1988 (Cth) (“Privacy Act”) which governs the use and storage of personal information. The Privacy Act applies to private sector organisations with an annual turnover of at least $3 million, health service providers, businesses trading in personal information and contractors to the Commonwealth. Such businesses must comply with the 10 National Privacy Principles governing how personal information may be collected, used, disclosed and stored.
You should confirm whether the Privacy Act applies to your business, and if so, you should ensure that your use of Record Retrieve’s services complies with the National Privacy Principles. Indeed, we recommend all of our customers comply with the National Privacy Principles.
Like any piece of evidence, it is the court that determines what is admissible and what is not. It is important that the party you have recorded in a case such as this was made aware and agreed to the recording.
Any call originating from or being listened to within Australia, regardless of the location of the recipient, is still subject to the same Australian legal requirements as entirely local calls.
You should be aware that the monitoring of conversations involving someone outside of Australia (and the use of that information) may be subject to laws of that country. These laws vary from country to country and we recommend you confirm any specific legal requirements in those countries.
Yes, provided all parties to the communication are aware and consent to being recorded. You are not always required to obtain explicit consent to the recording of a conversation – if a person is advised that the call is being recorded and continues to take part in the conversation without objection, their consent is implied. However express consent may be required in some circumstances, such as where personal information is being obtained and/or the business is a health service provider or trades in personal information.