Can I record a phone call or a conversation I take part in?
Conditional — a conversation you take part in you may as a rule record, but not someone else's. Art. 143 of the Criminal Code punishes anyone who without authorisation records the non-public words of another that are not meant for them, or who uses special devices to eavesdrop on such words — by up to 3 years in prison. The key phrase is „not meant for them": if you are a party to the conversation, the words are meant for you, so recording your own phone call or meeting is as a rule not that offence. Here the myth „every recording of a conversation is banned" falls: what is banned is secretly recording and eavesdropping on other people's conversations you do not take part in. Caution still applies: using or publicly disclosing such a recording is separately punishable, and even a recording of your own conversation you may not freely post, because that touches the other party's privacy. If the offence is committed by an official person, the penalty is 6 months to 5 years.
📋 The rules
- The heart of the offence: it is punishable to record or eavesdrop without authorisation on the non-public words of another that are not meant for the recorder — up to 3 years in prison (Art. 143 of the Criminal Code).
- A party to the conversation: if you are a party to the conversation, the words are meant for you, so recording your own call or meeting is as a rule not a criminal offence under Art. 143 — unlike recording someone else's conversation.
- Use and disclosure: whoever uses or publicly discloses the recorded or eavesdropped words is punished equally (Art. 143 para. 2); even a recording of your own conversation you may not post without a basis, because it touches the other party's privacy.
- Aggravated form: if unauthorised recording or eavesdropping is committed by an official person in the course of duty, the penalty is 6 months to 5 years (Art. 143 para. 3).
- Overriding interest: there is no offence if the recording was made in a public or another interest overriding the privacy of the recorded person — which in a dispute is assessed by a court.
🔓 Exceptions
- Publicly spoken words: Art. 143 protects non-public spoken words; what is said publicly, before an assembly or in the media, does not enjoy that protection.
- A recording as evidence: a recording may serve in proceedings when the interest of protecting a right outweighs privacy, but an unlawfully obtained recording may be excluded as evidence — admissibility is decided by a court.
- Business call recording: companies that record calls (e.g. customer support) must notify you in advance and have a legal basis under the data-protection rules; that is a separate regime from Art. 143.
⚠️ Penalties & fines
Recording a conversation you take part in yourself, for your own record, as a rule carries no criminal liability. Secretly recording or eavesdropping on someone else's non-public conversation is another matter: Art. 143 of the Criminal Code prescribes up to 3 years in prison, and using or publicly disclosing such words is punished equally; if the offence is committed by an official person, it runs to 6 months to 5 years. The hidden layer is posting: even a recording of your own conversation, by posting it you can breach the other party's privacy and personality rights, so a damages lawsuit follows, and with personal data a procedure before AZOP. In a court dispute an unlawfully obtained recording may be excluded as evidence, so instead of a benefit it brings only harm. That is why you keep a recording of your own conversation to protect your rights and for any proceedings, not for public posting or to pressure the other party.
📎 Official sources
- zakon.hr — Criminal Code (Art. 143, unauthorised sound recording and eavesdropping) →
- Narodne novine — Criminal Code (consolidated text) →
- AZOP — Personal Data Protection Agency (recording and data processing) →
❓ Frequently asked
May I record a phone call I take part in?
As a rule yes, because as a party to the conversation the other person's words are meant for you, so it is not the offence under Art. 143 of the Criminal Code. Even so, you may not freely post or misuse the recording, because that can breach the other party's privacy.
Is secretly recording someone else's conversation punishable?
Yes, unauthorised recording or eavesdropping on another's non-public words not meant for you is a criminal offence punishable by up to three years in prison. Using or publicly disclosing such a recording is punished in the same way.
Can I use a recording of a conversation as evidence in court?
A recording can serve when the interest of protecting a right outweighs privacy, but the admissibility of evidence is decided by the court. An unlawfully obtained recording may be excluded, so for serious cases consult a lawyer before relying on it.
May I post a recording of a row with a neighbour?
Posting a recording of a conversation, even when you took part, can breach the other party's privacy and personality rights and the data-protection rules. Because of that, instead of posting it publicly, keep the recording to protect your rights or hand it to the competent authority.
Must a company tell me it is recording a call?
Yes, companies that record calls must notify you in advance and have a legal basis under the data-protection rules. That is a separate regime from Art. 143 of the Criminal Code and concerns the processing of personal data, supervised by AZOP.
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