Are you allowed to record conversations at work?


Questioner

Can an employee record conversations on the work floor without the knowledge of the other employees present by means of audio recording?

Lawyer

In addition to general rules on tapping data communication, the law also has special rules on tapping, listening in on or recording conversations between people. By a 'conversation' the law explicitly does not mean data communication; after all, the above-mentioned article 139c has already been added for that purpose. Listening to and recording conversations of others can be done in many ways. Well-known examples are directional microphones, hidden dictaphones, keyloggers or the interception of electromagnetic signals from nearby computer screens. However, in order to determine whether listening to or recording is punishable, the law focuses primarily on the nature of the conversation. Recording conversations in a closed environment A person who is not a participant in a conversation in a home, private room or yard may not record this pursuant to article 139a paragraph 1. The recording of data that is processed or transferred by computer does not fall under this, unless a tool such as a keylogger or software is used on the computer in the home in question pursuant to article 139a paragraph 2. Secretly recording conversations Conversations that take place outside a home may also not be secretly recorded by a third party (Article 139b, paragraph 1). For example, someone who secretly records a conversation between two other passengers on a bus commits a criminal offence. However, if it happens in full public view, recording conversations is not a problem. Here too, the recording of data that is processed or transferred by computer does not fall under this (Article 139b paragraph 2). Again, this concerns matters such as listening in on a conversation with a parabolic directional microphone or secretly installing a recording device at the participants.

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