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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I made a personal telephone call to someone on my mobile phone.

Resolved Question:

I made a personal telephone call to someone on my mobile phone. When the call ended the phone did not disconnect. That person then recorded 38 minutes of a private conversation between myself, my husband and my son. What are my rights?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but the actions of this person were not illegal.
There is a specific exemption for 'personal' communication in the DPA under S36 here
http://www.legislation.gov.uk/ukpga/1998/29/section/36
In any event, there are many exemptions to the DPA so it depends what the recording reveals.
Also, the practical reality is that the information commissioner is a fairly toothless animal even against large companies and the police will not be interested in this matter.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

I'm concerned because the conversation included (jokingly) things we'd like to do to this person (the partner of my son's ex) as he has been sending intimidating texts to my son accusing him of being difficult over certain things. The original purpose of my telephone call was to clarify that my son was unaware of these things.

We have been bombarded with texts from this man and my son's ex and are just about sick of it all now!

Expert:  Jo C. replied 2 years ago.
He could report it to the police. Obviously I haven't heard the conversation but it is quite unlikely to amount to a threats to kill. That is a very high test.
It could possibly amount to a malicious communication maybe. He could report that to the police.
He is mad to get involved in the disputes of his girlfriend. I don't know why men always do it. I suppose they think they are helping and men are generally socialised to protect women but all they do is expose themselves to risk while she walks away without consequences.
The truth is that if he is texting you and you are not responding at all then that is a harassment as well so there is fault on both sides with the real fault, of course, lying with the girlfriend who should never have incited this situation.
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