Can I secretly record a phone call or conversation?
Secretly? No — and "I was part of it myself" is no free pass. Anyone who uses a sound recording device to gain knowledge of a non-public utterance of another makes themselves punishable under § 120 StGB (LR 311.0) — up to one year. In addition, the Secret Sphere Act (LR 311.3) penalizes the secret recording of a conversation of others (Art. 1, up to three years) — and, decisively: also the recording as a participant in the conversation (Art. 2, up to one year). The myth: "As a participant I may record, and the Swiss Art. 179 applies anyway." Doubly wrong — the relevant norms here are § 120 StGB and Art. 1/2 of the Secret Sphere Act. Only the consent of all participants makes the recording lawful.
📋 The rules
- § 120 StGB (LR 311.0): anyone who uses a sound recording device to gain knowledge of a non-public utterance not intended for their knowledge is punished with imprisonment up to one year or a monetary penalty up to 720 daily rates. The element is the non-public nature.
- Secret Sphere Act Art. 1 (LR 311.3): anyone who, without the consent of all participants, listens to or records a conversation of others that is non-public commits an offence — imprisonment up to three years. That is the sharpest range.
- Secret Sphere Act Art. 2 — the participant: anyone who records as a participant in the conversation is punished with imprisonment up to one year or a monetary penalty up to 360 daily rates. The "I was part of it" is thus expressly covered, not exempted.
- All offences on application: prosecution is only on the application of the injured party. Without a criminal application nothing happens — your risk hangs on the decision of the person concerned, not on the statutory text alone. The consent of all participants makes the recording lawful.
- Two laws, unresolved concurrence: § 120 StGB follows the Austrian model, the Secret Sphere Act the Swiss — with different ranges of penalty (1 vs 3 years). Which norm prevails in the individual case is unresolved; a resolving Liechtenstein case law we did not find.
🔓 Exceptions
- Consent of all participants: if all agree, the recording is lawful. A transparent note at the start of the conversation, to which no one objects, is the clean way — secret remains secret, even if you are speaking too.
- Public utterance: an utterance called out loudly across a square or made in a public assembly is not "non-public" — then the element is missing. The delimitation is delicate in the individual case.
- The Swiss and the German reflex: many cite Art. 179bis/ter of the Swiss StGB or § 201 of the German StGB. In Liechtenstein the norms are called § 120 StGB and Art. 1/2 Secret Sphere Act — the same idea, different paragraphs and ranges of penalty.
⚠️ Penalties & fines
The sound recording of a non-public utterance costs up to one year under § 120 StGB or 720 daily rates. The secret recording of a conversation of others brings up to three years under Art. 1 Secret Sphere Act, the recording as a participant up to one year under Art. 2 or 360 daily rates. Which range applies is unresolved — the laws stand side by side, and resolving case law is lacking. Everything only on application. Anyone who publishes the recording additionally risks GDPR fines and civil claims for injunction, destruction and damages (PGR Art. 38 ff.). Not obvious: the secret recording usually harms you yourself — as unlawfully obtained evidence it is regularly inadmissible in court, and the device can be seized.
📎 Official sources
- LILEX — Criminal Code (StGB, LR 311.0), § 120, and Secret Sphere Act (LR 311.3), Art. 1 and 2 (legal register) →
- Data Protection Office Liechtenstein — sound recordings and protection of personality (home) →
- Princely Courts / Landgericht — competent for criminal application and private action (home) →
❓ Frequently asked
May I secretly record my own phone call?
No, even as a participant in the conversation the secret recording is punishable under Art. 2 of the Secret Sphere Act. It becomes lawful only with the consent of all participants; a transparent note at the start is the clean way.
What is the difference between Art. 1 and Art. 2?
Art. 1 concerns listening to or recording a conversation of others in which you do not take part, and reaches up to three years. Art. 2 concerns the recording as a participant in the conversation and reaches up to one year or 360 daily rates.
Does the Swiss Art. 179 apply in Liechtenstein too?
No, that is Swiss law without direct effect in the Principality. What governs are § 120 StGB and Art. 1 to 2 of the Secret Sphere Act, which regulate the same idea with different paragraphs and ranges of penalty.
Can I use the secret recording in court?
As a rule not, because unlawfully obtained evidence is usually inadmissible. In addition the recording is itself a criminal offence, so with the recording you tend to harm rather than help yourself.
What applies if everyone consents to the recording?
Then the recording is lawful, because the consent of all participants makes the criminal element fall away. Public utterances are not covered anyway, because they lack the element of non-public nature.
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