May I record a phone call or a meeting without the other person's consent?
You may not eavesdrop on or record a conversation you are not part of — you may record your own conversation, but you may not misuse or publish a confidential statement. Under Article 137 of the Criminal Code (KZ-1), the offence is committed by anyone who without authority, using a special device, eavesdrops on or records a conversation or statement not intended for them (that is, someone else's conversation), or who hands such a recording to a third party. It is also an offence to record a confidential statement addressed to you without consent and with the intent to misuse it, or to hand it over or play it to a third party. The penalty is a fine or up to one year in prison, and more for an official. The myth that "you can always record and use any of your own calls" is only partly true — recording your own conversation is generally not prohibited, but misusing or disclosing confidential content can be a criminal offence.
📋 The rules
- Anyone who without authority, using a special device, eavesdrops on or records a conversation or statement not intended for them commits an offence under Article 137 of KZ-1 (eavesdropping on someone else's conversation).
- It is also an offence to record a confidential statement addressed to you, without consent and with the intent to misuse it, or to hand it over or play it to a third party.
- The penalty is a fine or up to one year in prison; if an official commits the act by abusing their position, the penalty is three months to five years in prison.
- Recording your own conversation, one you are a party to, is generally not prohibited in itself — the limit is the intent to misuse and the disclosure of confidential content to third parties.
- Prosecution for eavesdropping on someone else's conversation begins on a motion, while for misusing a confidential statement addressed to you it begins on a private action.
🔓 Exceptions
- Recording a public statement or public speech (e.g. at a public gathering or public session) is generally not eavesdropping, as the statement is intended for the public.
- If all participants consent to the recording, the recording is not unauthorised; consent is the cleanest legal basis.
- A recording that is necessary and proportionate evidence of a serious breach or a criminal offence may be assessed differently by the court; the admissibility of the evidence is decided by the court case by case.
⚠️ Penalties & fines
Eavesdropping on or recording someone else's conversation not intended for you is a criminal offence under Article 137 of KZ-1, carrying a fine or up to one year in prison; for an official abusing their position the penalty is three months to five years in prison. Misusing or disclosing a confidential statement addressed to you is equally an offence. Besides criminal liability, you risk civil damages for the intrusion into privacy and the secrecy of communications, and a court ban on using the recording. An unlawfully obtained recording is often inadmissible as evidence in court, so it usually does not help you in a dispute and may turn against you. Publishing a recording of a conversation online or on social media increases the liability and can trigger further claims and proceedings. Recording the other party without need therefore brings more risk than benefit, especially if you share the content or use it for pressure.
📎 Official sources
- PISRS · register of legislation (Criminal Code, KZ-1, Article 137) →
- Information Commissioner · recording conversations and privacy →
- sodnapraksa.si · case law (admissibility of evidence) →
❓ Frequently asked
May I record my own phone call without the other person's consent?
Recording a conversation you are a party to is generally not prohibited in itself, as it is not eavesdropping on someone else's statement. The limit is the intent to misuse and the disclosure of confidential content to third parties, which under Article 137 of KZ-1 can be a criminal offence.
When is recording a conversation a criminal offence?
It is criminal to eavesdrop on or record a conversation not intended for you, that is someone else's conversation, using a special device. It is also criminal to record a confidential statement addressed to you with the intent to misuse it, or to hand it over or play it to a third party.
May I use a recording of a conversation as evidence in court?
An unlawfully obtained recording is often inadmissible as evidence, and admissibility is decided by the court in each case. A recording that is necessary and proportionate evidence of a serious breach may be treated differently, but recording does not pay off if you then disclose or misuse the content.
May I record a meeting I am attending?
As a participant you may generally record your own conversation, but you may not misuse the recording or share it without a basis. The cleanest legal basis is the consent of all participants, which avoids the risk of criminal and civil liability.
What do I risk if I publish a recording of a conversation online?
Publishing a recording of a confidential conversation only increases the liability and can amount to a criminal offence and an intrusion into privacy and the secrecy of communications. Besides criminal prosecution, you risk civil damages and a court ban on using and an order to take down the recording.
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