Can I record a conversation without consent?
It depends whether you are in the conversation. If you are a party to it, the recording is generally not a crime — though using it in court is not automatically guaranteed and depends on the type of proceedings. If you record a conversation you are not part of, that is a crime under article 339a of the Penal Code: using technical means to collect the content of a non-public communication between other persons without authorisation. The Constitution (art. 32(2)) bars recording a person without their knowledge, or against their express refusal, except where the law provides. In civil proceedings courts often accept a participant's recording; in criminal ones the standard is stricter and unlawfully gathered evidence is excluded. Even a lawful recording may not be published freely.
📋 The rules
- If you are a participant — generally not a crime
- Recording other people's conversation: a crime under art. 339a
- The Constitution (art. 32(2)) protects against recording without consent
- In civil cases a participant's recording is often accepted
- In criminal cases the standard is stricter
🔓 Exceptions
- A recording by a participant does not fall within art. 339a
- The law permits recording in expressly provided cases (e.g. with authorisation)
- Public statements and events are in a different regime from a non-public conversation
⚠️ Penalties & fines
Recording a non-public conversation between other persons with technical means and without authorisation is a crime under art. 339a — not merely a data-protection breach. Beyond criminal liability, the person affected can claim compensation for non-pecuniary damage for the violation of their personal rights. Even where the recording was made lawfully by a participant, publishing it — posting it on social media, sending it to third parties — can be a separate breach of data-protection law, sanctioned by the data-protection authority. And in criminal proceedings evidence gathered unlawfully is excluded, so an illegal recording often does not help you even when it contains the truth.
📎 Official sources
- lex.bg · Penal Code (art. 339a) →
- Constitution of Bulgaria (art. 32) →
- New Balkans Law Office · Recordings and GDPR →
❓ Frequently asked
Can I record my own conversation?
If you are a party to the conversation, the recording is generally not a crime under art. 339a. Using it as evidence, however, is not automatically guaranteed and depends on the type of proceedings.
What about other people's conversation?
No. Recording a non-public conversation between other persons with technical means and without authorisation is a crime under art. 339a of the Penal Code. That holds even when the people involved are close to you.
Will a court accept the recording?
In civil proceedings courts often accept a recording made by a participant. In criminal proceedings the standard is stricter and unlawfully gathered evidence is excluded — an illegal recording will not help you, even if it contains the truth.
Can I publish the recording?
Even a lawfully made recording cannot be published freely. Posting it on social media or sending it to third parties can be a separate data-protection breach, sanctioned by the data-protection authority.
What can I do if I am being recorded?
You can claim compensation for non-pecuniary damage for the violation of your personal rights. And where someone recorded a conversation they were not part of, they face criminal liability under art. 339a.
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