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State
And Federal Laws Concerning The Taping Of Telephone Conversations
Telecommunications
Act 1997 (CTH)
http://www.privacy.gov.au/act/telecom/index.html
Listening Devices Act 1984 (NSW) http://www.lawlink.nsw.gov.au/lawlink/privacynsw/ll_pnsw.nsf/pages/PNSW_03_listendevice
prohibit
the recording of phone conversations except where all
parties
to the conversation provide express consent.
This legislation requires that you gain the express consent
of participants before you publish or communicate your
research
based on telephone conversations with these participants,
to other persons. As these laws protect privacy, courts
will
apply them strictly. This will usually mean that the consent
obtained from participants should be specific, and identify
how the information will be stored, used and distributed.
The level of detail in consent forms will depend on
the extent
of the personally identifying information that is collected,
stored and which can be accessed on an ongoing basis.
For example:
-
if the information which is collected has no identifying
details, so that the parties to the conversation can never
be traced or identified by people accessing the primary
data, the privacy concerns will be much less, and the consent
can be more general;
-
if identifying information is to be collected, and then
sieved out from the information, which is then, distributed,
privacy concerns will be heightened. Consideration will
need to be given to securely storing the primary data with
its identifying details and limiting access to that data
and to any system which allowed matching of the 'generalised'
data with the primary data containing the identification.
The consent will need to allow retention of the identifying
data and future access to it;
Consent forms should, therefore, contain the following information:
-
where the information will be published;
-
who will have access whilst the information is stored in
the Department;
-
what will happen to the material once the storage period
of 7 years has expired;
- those
research personnel are subject to confidentiality obligations
in collecting the data.
Whether or not identifying data is to be recorded, the research
personnel involved in collecting the data inevitably
will
hear information that may be regarded as private or confidential.
If there is not already a confidentiality agreement
in place
generally covering the work of these personnel, then they
should also sign a short confidentiality undertaking.
By taking the above steps the researcher(s) ensures that
the participants understand the exact nature of the project
and
have given their fully informed consent to the use of the
information recorded. (Reference: Gilbert and Tobin,
19 May
1995)
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