Can I secretly record a conversation in Switzerland?
No — secretly recording a non-public conversation without everyone's consent is an offence. The Criminal Code protects the non-public word: Art. 179bis bans listening to or recording a conversation between others (which you're not part of) without all participants' consent. Art. 179ter bans secretly recording your own non-public conversation without the others' consent. Both carry imprisonment up to 3 years or a monetary penalty and are prosecuted only on complaint. With everyone's consent, recording is lawful. Data-protection law (revDSG) is also engaged if not all are informed. In short: without everyone's consent — no.
📋 The rules
- The non-public word is protected (StGB)
- Recording others' conversation: Art. 179bis
- Secretly recording your own: Art. 179ter
- Penalty: up to 3 years' imprisonment or a fine
- With everyone's consent, recording is allowed
🔓 Exceptions
- Public speeches/lectures are not protected
- On complaint only: prosecuted at the victim's request
- revDSG also engaged if not all are informed
⚠️ Penalties & fines
Recording, listening to, or using/making accessible a non-public conversation without everyone's consent is an offence under Art. 179bis/179ter StGB — with imprisonment up to 3 years or a monetary penalty. It's prosecuted only on complaint of the person affected. Beware a myth: "I can always record my own phone call" is false — you need the others' consent for that too. Tip: get everyone's agreement before any recording, and then it's permitted.
📎 Official sources
❓ Frequently asked
Can I secretly record a conversation?
No. Recording a non-public conversation without all participants' consent is an offence, whether or not you take part in it yourself. The Criminal Code protects the non-public word. A recording is only allowed with the agreement of everyone present at the conversation.
What's the difference between 179bis and 179ter?
Article 179bis concerns listening to or recording a conversation between others that you aren't part of. Article 179ter concerns secretly recording your own non-public conversation without the others' consent. Both place the non-public spoken word under legal protection.
What penalty applies?
Both offences carry imprisonment up to three years or a monetary penalty. They're prosecuted only on complaint, meaning prosecution happens only if the person affected files a criminal complaint. Using such a recording is also an offence under the same provisions.
Can I record my own phone call?
Not without the other side's consent. Even if you take part in the conversation yourself, secretly recording it is an offence under Article 179ter. You must inform the other person and get their agreement, otherwise you commit an offence despite being a participant.
Does this apply to public speeches?
No. Only the non-public word is protected. Public speeches, lectures or addresses before a larger audience aren't protected and may be recorded. What matters is whether the conversation is private and confidential or publicly accessible to an open audience.
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