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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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I had an problem with someone from a taxi company who was parked

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I had an problem with someone from a taxi company who was parked on a shared driveway blocking my exit. The driver was in the flat upstairs of a previously convicted drug dealer of whom I have an outstanding court case coming up for harrasment, breach of peace (kicking my door in and threatening to shoot me when I asked him to turn music down).

I telephoned the taxi company and explained why I didn't want to approach the flat occupants due to the pending court case. Nothing happened so I went out and started taking photos of the taxi blocking the drive. The driver then flew out the flat, jumped into the car and drove away.

Two days later I was approached by the taxi driver who berated me for contacting the taxi company as he had been disciplined. After he left he phoned to say he had "taped the conversation" why, I don't know as basically I just told him to get lost.

I again called the taxi company and asked to get put through to the boss who spoke to me and said he would speak to the taxi driver again. He also told me he was taping the conversation (at the end of the call). Whats with all this taping? do normal people behave this way?

Now I have heard from another neighbour that the drug dealer who has the pending court case is going to ask the taxi driver and the taxi company for recordings of my conversations with them.

Frankly, I didn't say anything I wouldn't say again or in court but my question is, is it not illegal for the taxi driver or the taxi company to pass on recordings to a third party without permission? I am more concerned from a point of data protection on the part of the taxi company.

Thank you for your question.

Under data protection the taxi company can't tape your phone call unless they tell you they are doing so before the call starts.

You can report them to the office of the Information Commissioner if you wish to do so.

The evidence will be admissible in court as you are not a party to the court proceedings.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 3 years ago.



Thanks for the reply. I am unsure of what you mean about not being party to the court proceeding as I am the main witness to the case of breach of peace and threatening my life?


It would appear the previously convicted neighbour is wanting the tapes in some sort of attempt to discredit me as I was upset/angry when talking to taxi compay but even at that at no time did I say anything defamatory.


I thought by data protection laws the recordings could not be passed on to a third party without their permission?



You are a witness, not a party.

In criminal trials the judge has a wide discretion to prevent evidence being placed before the jury by the prosecution or the defence where it has been obtained in circumstances where its admission might be said to have an adverse effect on the fairness of the proceedings. Even under those rules, secretly recorded conversations, including confessions, have been admitted, provided the manner in which the evidence was obtained did not affect its credibility. The fact that the conversation had been recorded without the other party’s knowledge is therefore only one of the factors to be taken into account.
Customer: replied 3 years ago.

The taxi company being a business though, I thought were only allowed to use tapes for their own business use and nothing else unless it was to prevent crime.


As I didn't do anything to cause a crime other than explain why I could not approach my neighbour are they allowed to release these?

Under Data Protection, technically no.
Customer: replied 3 years ago.

Thanks for your help.

You're welcome.
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