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Penal Code ch. 4 §9a
Updated July 2026

🎙️ Am I allowed to record a conversation in Sweden?

With conditions
Quick answer

Yes — you may secretly record a conversation you yourself take part in, without notifying the other party. Sweden has one-party consent. The offence of unlawful eavesdropping (Penal Code ch. 4 §9a) requires secretly recording a conversation between others that you do not take part in — if you are in it, it is not a crime. Leave your phone recording in a room you then walk out of, however, and you are no longer a participant. Secretly filming someone in a private space is a separate crime: offensive photography. And the decisive trap: being allowed to make a recording is one thing, being allowed to share it is another — then GDPR and the defamation rules apply.

📋 The rules

  • One-party consent: record your own conversations — no duty to notify
  • You may not secretly record a conversation between others
  • Secret filming in a private space = offensive photography
  • Filming/photographing in public is generally allowed
  • Sharing a recording is a separate question (GDPR, defamation)

🔓 Exceptions

  • Police/security service may eavesdrop secretly with a court order
  • GDPR's private-use exemption applies until you spread the material
  • Businesses must inform a caller if the call is recorded

⚠️ Penalties & fines

Unlawful eavesdropping carries fines or up to 2 years in prison, and offensive photography has the same range — the latter is what you risk if you secretly film someone in a private space instead. But the trap is rarely the recording itself, which is often lawful when you are in the conversation; it is the sharing: posting a conversation online can be defamation (Penal Code ch. 5) and can breach GDPR at the same time, because the private-use exemption only holds until you spread the material. A business recording customer calls must also inform the caller.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Can I record my own phone call?

Yes. Sweden has one-party consent, so you may secretly record a conversation you take part in without telling the other party. Private individuals have no duty to give notice, whether by phone or in person.

Must I say I am recording?

No, not as a private person in a conversation you are part of — there is no duty to notify. A business that records customer calls must, however, inform the caller that the call is being recorded.

Can I secretly record other people's conversations?

No. Secretly recording a conversation between others you do not take part in is unlawful eavesdropping under Penal Code ch. 4 §9a. The penalty is fines or up to 2 years in prison, even if you know the people involved.

Can I publish the recording?

Not freely. A lawful recording does not make the sharing lawful: publishing can be defamation and can breach GDPR, whose private-use exemption falls away the moment you spread the material further.

Can I film in a public place?

Yes, filming and photographing in public is generally allowed. But secretly filming someone in a private space is offensive photography, and publishing images of identifiable people can fall under GDPR.

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