Can I record a call without the other side's consent?
Without consent it interferes with personality rights — but that is not the end of it in court. Under § 12 of the Civil Code, sound recordings concerning a natural person and their expressions of a personal nature may be made or used only with their consent. But mind the difference between proceedings. In criminal proceedings an unlawfully obtained recording cannot be used. In civil proceedings the position is different: courts may admit such evidence on the basis of a proportionality test, weighing the competing constitutional rights. If one party's right is stronger in the case than the other's infringed right, the court may accept the evidence. The practice is not uniform, though.
📋 The rules
- § 12 of the Civil Code requires consent
- It covers both making and using a recording
- In criminal proceedings unlawful recordings cannot be used
- In civil proceedings the court may admit them
- What decides is the proportionality test
🔓 Exceptions
- A lawfully obtained recording — with consent — is always admissible
- The recorded person may seek an injunction and satisfaction
- And, where that is insufficient, monetary compensation for non-pecuniary harm
⚠️ Penalties & fines
Even if the court admits the recording, you may still pay for it. These are two separate things. Admissibility is for the court in the particular proceedings. The interference with personality rights remains: the recorded person may demand that you desist, that you remove the consequences, and that appropriate satisfaction be ordered. Where that is not enough, they may also claim monetary compensation for non-pecuniary harm. The safest course: say at the start of the call that you are recording. If the other side continues, you have a lawfully obtained recording — and that is always admissible, with no test at all.
📎 Official sources
- Slov-Lex · Civil Code (§ 12) →
- Office for Personal Data Protection of the Slovak Republic →
- Slovak Bar Association →
❓ Frequently asked
May I record without consent?
Under § 12 of the Civil Code, sound recordings of a person and their expressions of a personal nature may be made or used only with their consent. Without it, it interferes with their personality rights.
Can I use the recording in court?
In criminal proceedings an unlawfully obtained recording cannot be used. In civil proceedings a court may admit it under a proportionality test of the competing constitutional rights, though practice is not uniform.
What is the proportionality test?
A weighing of competing constitutional rights in the particular case. A court may accept evidence obtained unlawfully where one party's right is stronger than the infringed right of the other.
What do I risk by recording without consent?
The recorded person may demand that you desist, that you remove the consequences, and that appropriate satisfaction be ordered — and where that is insufficient, monetary compensation for non-pecuniary harm.
How do I record safely?
Say at the start of the call that you are recording. If the other side continues the conversation, the recording is lawfully obtained — and such a recording is always admissible, with no proportionality test needed.
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