Many people record private conversations, and their motives vary. The methods of recording also differ. For example, the situation is different when using an automatic recording function of a communication platform like Skype or Zoom compared to a phone call, and it is entirely different again for an in-person conversation. Recording can be done openly or covertly. In the following part of this post, we will try to answer the question, “When is recording a conversation legal?”
The legality of recording a conversation is governed by both criminal law and civil law.
The Criminal Code, in Article 267, states:
§ 1. Anyone who, without authorization, gains access to information not intended for them by opening a sealed letter, connecting to a telecommunications network, or breaking through or bypassing electronic, magnetic, IT, or other specific security measures, is subject to a fine, restriction of liberty, or imprisonment for up to 2 years.
§ 2. The same penalty applies to anyone who, without authorization, gains access to the entirety or part of an IT system.
§ 3. The same penalty applies to anyone who, in order to obtain information to which they are not entitled, installs or uses a listening device, visual equipment, or any other device or software.
§ 4. The same penalty applies to anyone who discloses information obtained in the manner specified in §§ 1-3 to another person.
§ 5. Prosecution of the offense specified in §§ 1-4 is initiated at the request of the aggrieved party.
Recording a private conversation in which the information is directed to the person recording is not a crime under Article 267. This does not apply to matters regulated in Article 191a § 1 of the Criminal Code:
Anyone who records the image of a naked person or a person engaged in a sexual act by using force, unlawful threats, or deceit against them, or who disseminates the image of a naked person or a person engaged in a sexual act without their consent, is subject to imprisonment from 3 months to 5 years.
In light of what is regulated by civil law, the significance may lie in what the person recording does with the obtained material. Simply recording and storing the conversation could violate what is commonly known as the “confidentiality of conversation.” This is usually not considered a serious violation.
Is eavesdropping legal?
Are you wondering when recording a conversation is legal and when it is not? Recording a conversation between third parties without their knowledge and consent, while the person recording is not participating in the conversation, can often constitute a crime under Article 267 of the Criminal Code. If eavesdropping is used to obtain “information not intended for them,” it can be considered illegal.
Can a listening device be installed in a home?
In specific situations, such as a divorce case, it is up to the court to decide whether to accept a recording as evidence in the case. The court will treat evidence obtained independently by a spouse differently from evidence gathered professionally by a licensed private investigator.
The police also do not have a clear stance on reports of eavesdropping in a home. In practice, they do not always accept reports of listening devices installed by a spouse.
For listening devices installed by state authorities, including the police, court authorization is required.
How to detect a listening device?
If you suspect that there is an eavesdropper in your immediate vicinity, first of all keep calm. Avoid saying important information out loud, especially in rooms and vehicles which you have initially identified as the location of the eavesdropper. Read more about how to behave in such a situation on: What to do if you suspect someone is eavesdropping on you
You can browse the space yourself, noting any unfamiliar-looking perhaps new items. It is also a good idea to unplug any electronic equipment in the room.
There are devices available on the market with the general characteristics of a bug detector. However, it is important to remember that there are many types and technologies for recording and transmitting a signal. Therefore, using a single tool to check a space does not guarantee the safety and certainty of detecting all spy tools in the checked environment.
Do you suspect you are being bugged? Get in touch with us!
We carry out anti-fouling tests throughout Poland. We guarantee security and discretion. We detect eavesdropping with high quality equipment using the best methods.
