What does the law say about recording covert conversations? Can they be done, how and where?
Recording is a thorny subject, as it can endanger the privacy of others, especially if it occurs at home or in the office. However, except for some hypotheses, it is not a crime.
Let's find out together what are the rules for secretly recording a conversation without risking criminal and civil consequences.
IS RECORDING A HIDDEN CONVERSATION LEGAL?
Recording a hidden conversation is not a crime: the opinion of the Supreme Court
The speaker accepts the risk of being registered. This is the assumption that prompted the Supreme Court (sentence 24288/2016) to declare the admissibility of the registrations without the knowledge of the interested parties.This activity - according to the judges of the Court - does not compromise the privacy of those present and can be done with any medium suitable for recording audio or video. However, as we shall see, the fixed law of the “stakes”, which can be overcome, can trigger a type of crime.
Record a conversation to report someone / something
One of the most frequent reasons for secretly recording conversations is to discover the commission of illegal acts and obtain evidence to show to the police to make a complaint. unlawful conduct.
Recording a conversation secretly to hand it over to the police is perfectly legal and, based on it, the authorities can decide whether it is appropriate to continue the prosecution. The audio or video material resulting from the recording can also be used in court without the limitations envisaged for wiretapping.
When it is a crime to record a conversation
Recording a conversation in secret is not always lawful, on the contrary, the crime of Interfering in the private life of others under article 615 bis of the Criminal Code can be incurred in two cases:
The offense is punishable upon complaint by the injured person with imprisonment from 6 months to 4 years.
Record a conversation with your mobile phone (without authorization)
You can record someone else's conversation with your mobile phone without a professional recorder. This practice is lawful even if the person or persons involved are not informed of the recording, as long as the person involved in the conversation is present (even if he does not speak) and as long as he is not in the places of private residence.
Recordings or videos made with the mobile phone can be used as evidence to report illegal facts to the police or in court. It is also not forbidden to record calls or video calls without the consent of others.
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Record a business meeting
As far as meetings are concerned, there are a few more restrictions. In fact, jurisprudence equates the office (and all workplaces) to a private residence and therefore prohibits registrations unless there is the consent of the interested parties.
A business meeting can only be recorded if it takes place outside the company, therefore in a place open to the public and if the recorder is present.
Record a conversation in someone else's house
The law does not allow registrations made in the home, in the garage, in the garden, in the attic and any other place of private residence.
According to the sentence 33499/19 of the Supreme Court, not even the conversations recorded in the car can be used.
Private recordings are not eavesdropping
We must not confuse the recordings made by the private citizen (with the telephone or a recorder) with the environmental interceptions ordered by the judicial authority and implemented by the Police.
The latter must be authorized by the judge and can only be carried out in the presence of serious indications of guilt and serious crimes, according to the rules and limits established by article 266 of the Code of Criminal Procedure.
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