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Is Audio Recording Permitted Within My Company’s Premises in the UK?

Table of Contents

In Short

  • Comply with GDPR rules: Audio recordings count as personal data and must meet strict GDPR standards to avoid large fines.

  • Limit where and why you record: Only use audio in necessary areas for valid purposes, never in private spaces like staff rooms.

  • Be transparent and secure: Notify people about recordings, train staff, and store audio data securely with clear deletion policies.

Tips for Businesses
Only use audio recordings where absolutely necessary, such as for preventing crime, and never in private areas. Always conduct a Data Protection Impact Assessment (DPIA), notify staff, securely store recordings, and delete them once they’re no longer needed. Staff training and a clear retention policy are essential to stay GDPR compliant.

As a business owner, you understand the importance of ensuring good security at your workplace.  Many businesses in the UK utilise CCTV systems for security purposes to protect their staff, finances, and company property.  However, there is a growing trend toward using audio recording alongside CCTV cameras for enhanced security.

This article will examine the circumstances in which your organisation can safely use audio recording technology in the workplace while fully complying with the General Data Protection Regulation (GDPR).  This should help your company avoid the risk of a substantial fine from the Information Commissioner’s Office (ICO) for GDPR violations.

The General Data Protection Regulation 

The GDPR is data protection legislation that applies to organisations in the UK. Its primary purpose is to ensure that all identifying information (known as ‘personal data’) is processed and handled in a sensible and secure manner.

The GDPR uses a broad definition of ‘personal data’. This definition includes;

  • phone numbers;
  • biometric data;
  • photographs;
  • email addresses;
  • CCTV footage; and 
  • audio recordings.

The Information Commissioner’s Office

The ICO exists to investigate alleged breaches of the GDPR. If the ICO concludes that an organisation has committed a GDPR violation, it will consider imposing a fine of up to the higher of £17.5m and 4% of your total annual worldwide turnover in the preceding financial year. The ICO has made numerous headlines over hefty financial penalties in the millions of pounds and is not shy of issuing these.

Naturally, most UK businesses will strive to avoid a fine.

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How Can My Company Safely Use Audio Recordings in the UK?

The majority of UK businesses utilise CCTV systems on their premises, and modern CCTV systems often include audio recording capabilities.

There are two main types of audio recording systems within UK companies:

  1. a CCTV system with audio recording built into the camera network; and
  2. a discreet audio recording device, absent visual cameras.

Audio recordings mean you can have better control over your premises. However, they are classified as personal data because you can use a person’s voice to identify them, which constitutes voice data. Additionally, the conversation itself could contain confidential information about that data subject and involve details they would not wish others to hear. 

CCTV systems utilising audio data are high risk compared to visual-only CCTV footage and contain sensitive personal data. This is because they record more information than an image-only device, which risks breaching an individual’s right to privacy. Therefore, your organisation must ensure audio recordings comply with the GDPR by taking the following steps:

  1. carry out a Data Protection Impact Assessment (DPIA);
  2. inform individuals of audio recording devices;
  3. delete audio recordings when no longer necessary; 
  4. ensure robust and secure storage of audio data;
  5. providing staff training; and
  6. following the principle of data minimisation.

These steps are detailed below.

1. Data Protection Impact Assessment 

A DPIA is a review aiming to help your company identify data protection risks, including potential GDPR and Data Protection Act breaches.

In relation to audio recordings, a DPIA should consider the following:

  1. whether audio recordings are essential for your business;
  2. the lawful basis and legitimate interests justifying the audio recording devices;
  3. what risks the audio recordings pose to individuals and steps taken to minimise these; and
  4. the scope and size of the audio recording network.

Audio recordings are only likely to be considered necessary if they serve a fundamental and essential purpose.  Many businesses state that the primary purpose of audio recording is to assist in crime prevention. However, this will only be lawful if the devices are outside areas with a reasonable expectation of privacy, such as a bathroom.

The risk to individuals from an audio recording is greater than that posed by a visual-only CCTV system. It could give a business access to innocent and private conversations between staff members.  

The ICO believes that businesses should only use audio recordings in areas where they may aid the prevention of crime and not, for example, in a staff room to pick up workplace gossip.

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2. Audio Recording Notification

Your business should ensure that it notifies staff of the presence of audio recording devices within a reasonable distance of each device. A warning sign similar to CCTV warning signs is usually sufficient.

Some organisations also publish a written policy warning of the use of audio recordings within their premises. Most of these policies will confirm where audio recording devices are and are not allowed.

3. Deletion of Audio Recording Data

One of the primary principles of the GDPR is to delete data when it is no longer necessary. In this way, your company will likely have no lawful reason for keeping audio recordings from three years ago unless they form part of an active disciplinary investigation (or similar).

The ICO is particularly keen on deleting audio data, given the vast amount of information contained within any audio recording and the potential for capturing private conversations.

It is also crucial to establish a clear data retention policy for audio data. This policy should specify the duration for which audio recordings will be stored and the process for securely deleting data once it is no longer necessary. Furthermore, regular audits of your audio recording practices can help ensure that your business remains in compliance with GDPR requirements. This will help to prevent issues that could result in costly fines or legal consequences.

4. Secure Storage of Audio Recordings

Given the high level of detail and risk of capturing private information by audio recording devices, the ICO is keen for all data to be securely stored.  

If your business fails to take active security measures, such as password protection and encrypting audio data, the ICO may consider imposing a substantial fine.

5. Providing Staff Training

Staff training is an essential consideration for any business. Your employees should be educated on the use of audio recording systems, the data protection policies in place, and how to handle the data responsibly. An awareness of GDPR compliance amongst your staff can significantly reduce the likelihood of accidental breaches.

6. Principle of Data Minimisation 

Businesses should also consider the principle of data minimisation. This principle ensures that only the minimum amount of data necessary for the intended purpose is collected and stored. If your business does not need audio recordings to fulfil a legitimate purpose, such as indicating possible criminal acts or threats to public security, you should refrain from using them.

Key Takeaways

Your business must comply with GDPR rules when handling personal data that could identify an individual. Audio recordings contain an individual’s voice and discussion of verbal information, whether through a listening device or a CCTV camera. Any violation of GDPR rules regarding audio recordings threatens a hefty fine of up to £17.5 million from the ICO. Therefore, your business needs to be transparent about audio recording monitoring systems.

If you need help using audio recording technology legally, our experienced Data, Privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.  

Frequently Asked Questions

Why are audio recordings treated as personal information?

This is because you can use a person’s voice (known as voice data) to identify them, and the conversation may contain confidential information about that individual.

Why are audio recordings treated as sensitive data?

CCTV systems utilising audio data are high-risk and contain sensitive data, as they record more information than an image-only device, and risk breaching an individual’s right to privacy.

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Tom Khalid

Tom Khalid

Trainee Solicitor | View profile

Tom is a trainee solicitor at LegalVision. He studied History at the University of Leeds before completing the PGDL at the University of Law.

Qualifications: Postgraduate Diploma in Law, University of Law, Bachelor of History, University of Leeds. 

Read all articles by Tom

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