§ Lord Morris of Manchesterasked Her Majesty's Government:
What legal restraints apply to the taped recording of telephone or other conversations without the recorded consent of the persons being recorded; and, where consent is given, to any subsequent editing of the recording; and [HL4259]
Whether the taped conversation with the late Dr David Kelly reported to the Hutton inquiry was recorded with Dr Kelly's consent; and if so, whether the consent was also recorded. [HL4258]
§ The Lord Chancellor (Lord Falconer of Thoroton)There are circumstances in which it can be lawful to record communications between third parties, or for one party to a private conversation to record a conversation with another person or persons without their knowledge. Depending on the precise circumstances, such recording might be covered by, among others, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Police and Criminal Evidence Act 1984.
The circumstances of the recording which was submitted as evidence to Lord Hutton's inquiry are not a matter for the Government.