NT Voice Recording - Phone Recordings by Telecommunication Companies?

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Jarob

Well-Known Member
25 December 2018
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Hi,

I don't want to go into detail but does Telstra, for example, record all conversations between customers? I'm not asking if phone conversations between Telstra and the customer are recorded, but rather record phone conversations that 2 consumers are having with each other.

I understand in most Australian states, if not all, you cannot a voice recording of conversations between parties, whether it's over the phone or in person, without all parties being informed before the recording process begins. Does this law apply to telecommunications companies in Australia?

If they can and do record conversations, how do I retrieve that recording?

I would really appreciate your help on this.

Thanks,
 

Rob Legat - SBPL

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I highly doubt it. The amount of storage this would require, not to mention the bandwidth necessary to simultaneously record all conversations, would be astronomical.
 

Scruff

Well-Known Member
25 July 2018
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NSW
I'm not asking if phone conversations between Telstra and the customer are recorded, but rather record phone conversations that 2 consumers are having with each other.
No. To do so would be an offence under the "Commonwealth Telecommunications (Interception and Access) Act 1979" which prohibits intercepting any communication passing over the network.

The "Commonwealth Telecommunications (Interception and Access) Act" can be found here: Telecommunications (Interception and Access) Act 1979

I understand in most Australian states, if not all you cannot record conversations between parties, whether it's over the phone or in person, without all parties being informed before the recording process begins. Does this law apply to telecommunications companies in Australia?
Yes, it applies to everyone including businesses. Each state and territory has it's own legislation (usually called the "Surveillance Devices Act") which prohibits recording private conversations that you are not a party to. In some states, such as NSW, the legislation extends to private conversations that you are a party to except in certain circumstances.

NT is one of the jurisdictions where the legislation only applies to conversations that you are not a party to, therefore you can freely record any conversation that you are a party to without anyone elses consent.

The relevant legislation for NT is section 11 of the "NT Surveillance Devices Act" which can be found here: Legislation Database

If they can and do record conversations, how do I retrieve that recording?
You probably already guessed that the first answer makes this question redundant.
 

Jarob

Well-Known Member
25 December 2018
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Hi,

Rob that did cross my mind. Insane amount of data crossing through networks.

Cheers Scruff, appreciate the conclusive response.

Thanks again
 

Rod

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Does this law apply to telecommunications companies in Australia?

Yes, Telco's are bound to the same laws and must only record when presented with a properly formed court order.