Can I record a conversation I'm part of?
It depends: your own conversation yes, others' — no. You can record a conversation you take part in — that's not an unlawful "wiretap". It's different with recording others' conversation that you don't take part in: unlawfully obtaining information that way (e.g. a hidden recorder at someone else's conversation) is a crime (art. 267 of the Penal Code). A recording of your own conversation you can use for personal purposes, and in a dispute present as evidence in court — though the court assesses its value and how it was obtained. Beware of publication: spreading a recording with others' voice/image without a basis may breach GDPR and personal rights. Different, stricter rules apply to wiretapping used by the services under special provisions.
📋 The rules
- A conversation with your own participation you may record
- Recording others' conversation without taking part: crime (art. 267)
- A recording of your own conversation: for personal use, possible evidence
- The court assesses the value and how it was obtained
- Publication of others' voice/image: GDPR and personal rights
🔓 Exceptions
- Evidence in court: a recording of your own conversation may be admitted (court's assessment)
- Procedural/operational wiretap by the services: under special provisions
- Recordings for personal use without sharing: outside publication duties
⚠️ Penalties & fines
Unlawfully recording others' conversation you don't take part in (e.g. with a hidden device) is a crime carrying a penalty — the wronged party can also pursue claims. Publishing or sharing a recording with recognisable people without a basis may breach GDPR and personal rights (privacy, image, secrecy of communication) and expose you to civil liability. To act safely: record only conversations with your own participation, treat the recording as material for personal use or evidence (don't publish it needlessly), and if you intend to use it in court ensure context and authenticity. If in doubt, consult a lawyer.
📎 Official sources
- ISAP · Penal Code (art. 267) →
- UODO · Protection of data and image →
- ISAP · Civil Code (personal rights, art. 23-24) →
❓ Frequently asked
Can I record a conversation I take part in?
Yes. Recording a conversation you yourself take part in isn't an unlawful wiretap. You can use it for personal purposes and, in a dispute, present it as evidence. It's different with recording others' conversation you don't take part in — that may be a crime.
Can I record a conversation between two other people?
No. Unlawfully obtaining information from others' conversation you don't take part in — e.g. with a hidden recorder — is a crime under art. 267 of the Penal Code. Such recording breaches the secrecy of communication and can entail criminal liability and the wronged party's claims.
Can a recording be used as evidence in court?
A recording of a conversation with your own participation may be admitted as evidence, but the court assesses its value and the circumstances and manner of obtaining it. There's no guarantee every recording will be considered. Context, authenticity and that it wasn't obtained unlawfully help.
Can I publish a recording of a conversation?
Publishing a recording with a recognisable voice or image of others, without a basis, may breach GDPR and personal rights such as privacy and image. This exposes you to civil liability. A recording is better treated as material for personal use or evidence, not for publication.
Must I warn the other person I'm recording?
The law doesn't always require a warning when recording a conversation with your own participation, but informing the other person can be advisable and affects how the recording is assessed, e.g. as evidence. Hidden recording of others' conversation you don't take part in is unlawful and should be avoided.
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