This is certainly something that would be wanted to know by anyone whose conversations have ever been recorded without their consent, as well as by people who intend to record someone, for example, in order to prove their point in court, where a recorded conversation may be of great importance.
Can I record a telephone conversation?
According to Polish law, a conversation can chinese overseas america database package only be recorded if you are participating in it yourself. However, it is a crime to record any conversation without the knowledge of the other person, especially if the person recording it is not participating in person.
If someone who is recording a conversation also takes part in it, it is not a confidential conversation, and therefore the issues discussed are public and fully accessible, they can record a meeting or a dialogue conducted over the phone. The situation is similar when a conversation is recorded in order to obtain specific information that is not a secret to the person recording. This is also legally permissible.
However, in order to avoid possible accusations of violating personal rights, it is worth informing the person being recorded about this fact and obtaining their consent.
Is it a crime to record telephone conversations without the consent of the other party?
It happens that a person who plans to record a conversation does so without the consent and knowledge of the other person. This often happens when, for example, they intend to prove someone's wrongdoing, such as a spouse's betrayal, a contractor's dishonesty, or an employer's mobbing behavior. In such cases, the law is completely different.
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According to Article 267 of the Penal Code, "anyone who, without authorization, obtains access to information not intended for them, installs or uses a listening device, visual device or any other device or software shall be subject to a fine, restriction of liberty or even imprisonment for up to 2 years."
The confidentiality of information, the right to exclusive use of it, and the security of its transmission are protected here. Therefore, recording someone without their consent is treated as a violation of personal rights.
Recording conversations and the law
The crime of recording a telephone conversation without the consent and knowledge of the other party may be prosecuted only at the request of a person who feels wronged by such action. However, criminal liability here depends mainly on whether the information was intended for the perpetrator himself and whether it was made public.
However, it is not a punishable act to record your own conversations . The information that is then transferred is also intended for the person who is recording, i.e. he or she is entitled to it. This applies to both the conversation recorded on the dictaphone and the recording of its content using a special application installed on the phone. However, conversations recorded in this way cannot be made public. And in this case, it is recommended to inform the interlocutor about the fact of recording.
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Can an illegal recording of a conversation be used as evidence in court?
Whether a recording obtained illegally can be used as evidence in court is treated and considered on a case-by-case basis. Most often, the court checks whether the personal rights of the person recorded have actually been violated. It is also important whether the illegally obtained recording has been made public. It is also important whether the recorded conversation plays a significant role in the case. Sometimes, it may be the only evidence that allows resolving a conflicting case.
