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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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Can in a litigation situation ,a forensic accountant tap

Resolved Question:

Can in a litigation situation ,a forensic accountant tap /listen into the phone calls going out and coming in On a personnal land telephone line of the person they are investigating
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Unless they have a court allowing them to do this, then they absolutely should not record you in any situation where you have a reasonable expectation of privacy. If they are going to record you they would need your consent. Kind regards AJ

Customer: replied 10 months ago.
It's ok I thought a barrister was replying as her photograph wAs on the question page .if the personnal line was in the office of the supposed guilty person would the company itself have a right to listen in ie give the forensic accountant permission
Customer: replied 10 months ago.
Did u get my second wuestion
Customer: replied 10 months ago.
are u there
Expert:  Alex J. replied 10 months ago.

Thank you. I have received this, I will respond shortly. Kind regards AJ

Customer: replied 10 months ago.
I might need further connecting question
But have to go out now thanks
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. It depends what the company policy is on communication - technically a company is not entitled to monitor personal communication. What was the nature of the phone call? Kind regards AJ

Customer: replied 10 months ago.
The tapping or listening in was over many months
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Were the phone calls personal in nature?

Customer: replied 10 months ago.
A mixture of private and business
Customer: replied 10 months ago.
But it was a private ex directory
Line
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. If the evidence was gathered illegally then technically it should not be admissible. Are they trying to submit these phone conversations as recordings?

Customer: replied 10 months ago.
Thank you I am asking you about the law when this kind of thing happens ,I am not involved but have my suspicions it was done for a lengthy period to someone I presume the information gained helped the accountant with her searches against the accused but there would possibly be no proof in the wordings she used but if the act of listening in is an offence ? It might help in his defence if this was disclosed? Or would it be ignored by the courts as nothing about any information included in her attack could be proven to be from one of the listened in calls ?
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. The law is (i) your employer is not allowed to monitor personal calls and communication (ii) You are not allowed to be recorded where you have a reasonable expectation of privacy. This is covered by various bits of legislation the Data Protection Act, the Humans Rights Act and the Telecommunications Regulations. If the information is relevant to the claim then it will have to be disclosed and the court will have to decide on its admissibility. Kind regards AJ

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