After learning "how to discover the anonymousnumber for free" and "how to record the calls on the mobile phone" you will also be asked if it is legal, in Italy, to record a call to the absence of the interlocutor or if, on the other hand, this behavior can constitute acrime or an injury of the privacy of others.The solution is much simpler than you can imagine.
Contrary to what is often believed, the recording of a conversation between those present and the knowledge of these, as well as that of a phone call with another person unaware of being recorded,not only doesnot constitute a crime (that of "illegal interference in lifeprivate "[1]), butnot even privacy injury.This is because, according to the Court of Cassation, the recording would donothing but fix, on an electronic memory, what is already "ours", as our hearing has captured it.In short, since the conversation becomes part of our wealth of knowledge, registration on digital, magnetic support, etc..It isnothing more than a repetition of what our own memory has already accomplished: the storage of a historical fact in which we participated directly [2].Badying, moreover, would be more or less like commanding to "forget about a conversation".Which is obviously absurd.
On the other hand, what is forbidden is the spread of the conversation [4]: for example, making it listen to third parties or publish it on the internet would be a criminally punishable offense.For the publication of the conversation, the consent of all those who participated (andnot only one) isnecessary).
The only possibility that you have to disseminate the registration, making it listen to third parties, without violating the law is to protect one's own right: which can take place, for example, before the judge in the context of a civil or criminal trial;during a disciplinary procedure in front of its employer;in a cause of separation or divorce to demonstrate, for example, the other of others' confession;before the carabinieri;even in front of an administrative authority, such as the Prefect (think of the registration of a conversation with the urban police in the act to impose a fine).
This also implies that the registration of the telephone conversation can be used as proof in a process, against the counterparty unaware of having been recorded.The same Privacy Code [4] expressly allows the registration obtained as a hidden "to assert or defend a right in court, provided that the data are processed exclusively for these purposes and for the period strictlynecessary for their pursuit".
The case of a third party is different who, without the consent of the interested parties and without the authorization of the public prosecutor in the context of a criminal investigation, recorded the phone calls of others.In this case we would have to do with an illegal interception.
Is it lawful to record a video call on Skype?
The same rules just listed are worth for all types of communication,not only the telephone one, but also on Skype or other conversations on chat such as WhatsApp.For example, if it is true that it is fully legitimate to keep all the exchanges of messages on WhatsApp or Messenger with another person, and without this being aware of it, just as it is possible to store a video call on Skype to the knowledge of othersparticipants, however, it is forbidden to publish the file on the web or threaten its publication behind blackmail, albeit to obtain the satisfaction of your own right (for example, it is illegal to say “If you don't pay the debt, I publish the conversation in which you in Facebookadmit that you are my debtor ").
How do you record a phone call with your smartphone?
There are several ways to record a phone call to the interlocutor unbeknownst, but they arenot easy and of immediate use.This is because almost all smartphones prevent it from memorizing the items during a telephone conversation.As we explained in "how to record phone calls on the mobile", an easy system is to use the speakerphone and record with another device.If, on the other hand, you "unlock" the mobile phone you can use apps that allow this activity.Whooming allows a paid service that records the stalker item (read also "how to discover the anonymousnumber for free").
note
[1] Art.615 bis cod.pen.
[2] Cass.feel.n.16886/2007;C.App. Milano,feel.n.1242/2011, Cass.feel.of 22.04.1992.
[3] Cass.feel.n.18908/2011.
[4] cod.Privacy Art.13, paragraph 5, lett.b).