Can I record a call or conversation?
No, by default: recording without the other's consent can be a crime, even if you take part in the conversation. Portugal does not follow the "one-party consent" rule. Art. 199 of the Penal Code punishes recording another person's non-public words without consent with up to 1 year in prison or a fine up to 240 days; the same applies to photographing/filming against someone's will. Being a party to the call doesn't authorise recording it. Using or disclosing the recording is punished separately, and via mass media it's aggravated (limits raised by a third). It's generally a semi-public crime (requires a complaint). Case law allows some defence of one's own interests (e.g. proof of threats). In short: by default, don't record without consent.
📋 The rules
- Portugal is not one-party consent
- Recording non-public words without consent: a crime (Art. 199)
- Penalty: up to 1 year in prison or a fine up to 240 days
- Being a party to the call doesn't authorise recording
- Disclosing/using: punished separately; via media, aggravated
🔓 Exceptions
- Defence of own interests (proving threats/extortion): case law
- Courts may admit the recording as evidence, case by case
- Genuinely public/professional statements: outside the offence
⚠️ Penalties & fines
Recording another person's non-public conversation without consent is a crime (Art. 199 PC), with up to 1 year in prison or a fine up to 240 days; using or disclosing the recording is punished separately, and disclosure via mass media is aggravated (limits raised by a third, Art. 197). Beware myths: the US "one-party consent" rule does not apply in Portugal; and unlike Brazil (where the Supreme Court allows recording your own conversation as valid evidence), in Portugal the same act can be an Art. 199 crime — admissibility as evidence is judged separately and doesn't legalise the act of recording. To protect yourself: don't record without consent; if there's a defence situation (threats, extortion), keep the proof and take it to a lawyer or the authorities rather than disclosing it.
📎 Official sources
- Penal Code — Art. 199 (illicit recordings) →
- Penal Code — Art. 197 (aggravation) →
- PGDLisboa — consolidated legislation →
❓ Frequently asked
Can I record a call I'm part of?
By default, no, without the other's consent. Portugal doesn't follow the one-party consent rule. Art. 199 of the Penal Code punishes recording another person's non-public words without consent, even if you're a participant in the conversation, with up to 1 year in prison or a fine.
Is it a crime to record without consent?
Yes, as a rule. Recording another person's non-public conversation without their consent is a crime, under Art. 199 of the Penal Code, punishable by up to 1 year in prison or a fine up to 240 days. The same applies to photographing or filming someone against their will.
Can I use the recording as evidence?
It can happen, case by case. Case law allows, in certain situations of defending one's own interests, such as proving threats or extortion, the recording to be used and even accepted as evidence. But admissibility as evidence is judged separately and doesn't, in itself, legalise the act of recording.
Can I publish the recording?
No. Using or disclosing the recording is punished separately, and disclosure via mass media is aggravated, with the penalty limits raised by a third. Even if you have a recording in a defence situation, publishing it on social media or in the media carries liability.
Does the "one-party consent" rule apply?
No. That rule, common in the United States, doesn't apply to Portugal. And unlike Brazil, where recording your own conversation can be valid evidence, in Portugal the same act can constitute an Art. 199 crime. Admissibility as evidence doesn't make the act of recording legal.
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