[GregQuinn]

There's no might about it.

This would definitely be illegal in the UK.

[DanBC]

What UK laws are being broken?

EDIT: I'm not saying it's okay. I'm just asking what law is being broken.

[GregQuinn]

It's not illegal to record a conversation between two parties. However if you share this recording with a third party (in this case Facebook) then you have to obtain the consent of the other party.

[DanBC]

Under what law?

[GregQuinn]

Try this: http://www.ofcom.org.uk/static/archive/oftel/consumer/advice...

[DanBC]

All of those apply to phone calls. In this situation we have people in a semi-public space (eg, a Pub) talking, and one person using a mobile phone to send background noise (which will include that conversation) to Facebook or Shazzam who process the noise, identify any music, and then discard the noise.

Your law would prevent people in busy offices from making any phone calls.

RIPA http://www.legislation.gov.uk/ukpga/2000/23/contents

> It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—

> (a)a public postal service; or > (b)a public telecommunication system.

That doesn't feel relevant.

Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699) http://www.legislation.gov.uk/uksi/2000/2699/contents/made

Also not relevant. This is about businesses recording calls, and how they can do so and stay within law.

The Telecommunications (Data Protection and Privacy) Regulations 1999 http://www.legislation.gov.uk/uksi/1999/2093/regulation/1/ma...

Again, not relevant. And also covers temporary use of data, so if anything it allows the Facebook use.

The DPA isn't relevant unless Facebook is storing the data beyond the immediate identification of music in the background.