Can I record a phone call or conversation without telling anyone?
It depends on whether you are yourself party to the conversation — then you may record it, but you should tell the other side first. Iceland is in effect a one-party consent country, but with a duty to notify, not a duty to obtain consent. Under Article 91 of Telecoms Act no. 70/2022, anyone who wants to record a call they are party to must notify the other party at the start of the call. The myth: that you may secretly record any call as long as you are on it yourself. That is only half true — you may record a conversation you are party to, but you should give notice first, and if the other side continues after that it amounts to consent. Secretly recording a conversation between others that you are not part of, or publishing a recording without authorisation, can breach Article 228 of the General Penal Code (a fine or up to 1 year in prison). A recording for personal use is outside the data-protection law, but sharing it is processing that the law covers.
📋 The rules
- Anyone who wants to record a call they are themselves party to must notify the other party at the start — under Article 91 of Telecoms Act no. 70/2022.
- This is a duty to notify, not a duty to obtain consent: if the other side continues the call after the notice, it amounts to consent.
- Secretly recording a conversation between others that you are not party to can breach Article 228 of the General Penal Code no. 19/1940 (a fine or up to 1 year in prison).
- The old reference to Art. 44 or 48 of the earlier telecoms act is out of date; the provision in force is Article 91 of Act no. 70/2022.
- A recording for personal use falls outside Data Protection Act no. 90/2018, but sharing or publishing it is processing of personal data that the law covers.
🔓 Exceptions
- No separate notice is needed where the other party is unambiguously aware of the recording, or for a service where recording is a normal and necessary part of it (e.g. the emergency line).
- A recording made of your own call may be handed to the police for a criminal case; such disclosure has been held lawful even though it is processing of personal data.
- Recording a public meeting or a speech intended for the public is a different matter from secretly recording a private conversation.
⚠️ Penalties & fines
Secretly recording a conversation between others that you are not party to, or publishing or sharing a recording of a private conversation without authorisation, can carry a fine or up to 1 year in prison under Article 228 of the penal code. The hidden cost reaches further. The offence can go on your criminal record, and the victim can claim compensation for non-financial loss for the intrusion on their private life, which the court sets case by case. If you pass a recording on, that can also count as unlawful processing of personal data and the Data Protection Authority can impose administrative fines or orders. Procedurally the position is double-edged: courts assess evidence freely and have accepted one-party recordings, but a recording obtained by breaching someone else can both weaken your case and make you a defendant yourself. The safest — and legally cleanest — course is simply to say that you are recording before the conversation begins.
📎 Official sources
- Althingi · Telecoms Act no. 70/2022 (Art. 91) →
- Althingi · General Penal Code no. 19/1940 (Art. 228) →
- Data Protection Authority (Persónuvernd) · audio recordings and their disclosure →
❓ Frequently asked
Can I record a call I am party to myself?
Yes, you may record a call you are yourself party to, but Article 91 of Telecoms Act no. 70/2022 requires you to notify the other party of it at the start of the call. This is a duty to notify rather than to obtain consent, because if the other side continues the call after being told about the recording that is treated as amounting to consent.
Can I secretly record a conversation between two other people?
No, secretly recording a conversation you are not party to is a different matter and can breach Article 228 of the General Penal Code with a fine or up to 1 year in prison. The difference lies in participation: you may record your own conversation with notice, but not conversations of others in which you are not a participant.
Which provision sets out the rule on recording calls?
The provision in force is Article 91 of Telecoms Act no. 70/2022, but older sources often cite Art. 44 or 48 of the earlier telecoms acts, which have lapsed. Anyone looking up older material can therefore easily point to an out-of-date article, so the reference should be Art. 91 of Act no. 70/2022 as it stands in 2026.
Can I hand a recording of a call to the police?
Yes, a recording you made of your own call may be handed to the police for a criminal case, and such disclosure has been held lawful even though it is processing of personal data. Courts assess evidence freely, and one-party recordings have been used as evidence, but that does not change the fact that secretly recording a conversation of others is not allowed.
Can I publish or share a recording of a call?
Publishing or sharing a recording of a private conversation without authorisation can breach Article 228 of the penal code and count as unlawful processing of personal data that the Data Protection Authority can fine. A recording for personal use is outside the data-protection law, but the moment you share it there is processing that the law covers and that requires a legal basis.
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