Can I record a conversation without the other person's consent?
Usually no: secretly recording a private conversation is an offence. Article 370A of the Penal Code criminalises recording a private conversation/communication without the other participant's explicit consent — even if you are a party to it. This differs from other countries: in Greece, your taking part does not by itself make a secret recording lawful. Consent removes the criminality: if the other party explicitly agrees, no offence arises. As evidence in court, an unlawfully obtained recording is in principle excluded (article 177 of the Code of Criminal Procedure / data-protection rules), but courts may, after balancing interests, admit it in limited cases. Covert video/audio capture of others can be a serious offence. In short: without explicit consent — no.
📋 The rules
- Article 370A PC: recording without consent is an offence
- Applies even if you take part in the conversation
- Explicit consent removes the criminality
- As evidence: in principle excluded (article 177 CCP)
- Watch GDPR when distributing
🔓 Exceptions
- Explicit consent of all: a lawful recording
- Balancing interests: the court may exceptionally admit it
- Distribution/publication: can breach GDPR/image rights
⚠️ Penalties & fines
Secretly recording a private conversation without consent can be a felony in its more serious forms, punished with imprisonment (up to 10 years under article 370A). Even if the recording itself weren't punished, using or distributing it can create liability: posting it online can breach image/voice rights and GDPR, and as evidence it can be rejected if obtained unlawfully. To stay safe: get explicit consent before recording, don't alter the content, use the recording only for a lawful purpose and avoid publishing it without a legal basis. For sensitive cases, consult a lawyer.
📎 Official sources
❓ Frequently asked
Can I record a conversation I take part in?
Usually no, without explicit consent. Article 370A of the Penal Code criminalises recording a private conversation without the other's consent, even if you're a party to it. This differs from other countries: your taking part isn't enough to make the recording lawful.
When is recording lawful?
When there's explicit consent of the other participant. Consent removes the criminality and makes the recording lawful. Without it, secretly recording a private conversation is an offence, regardless of whether you take part in the discussion.
Can I use a recording as evidence?
In principle no, if obtained unlawfully. An unlawfully obtained recording is excluded as evidence (article 177 CCP). In limited cases, after balancing interests, the court may admit it. Admissibility is judged case by case, so consult a lawyer.
What does GDPR say about recordings?
A person's voice and data are personal data. Processing them — especially recording and distributing — without a legal basis can breach GDPR and bring sanctions. So public distribution of a recording is particularly risky.
What penalty do I risk?
Secretly recording a private conversation without consent can be a felony in its more serious forms, punished with imprisonment up to 10 years under article 370A. Using or distributing the recording can additionally create civil liability and GDPR sanctions.
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