Can you secretly evidence conversations? The law is clear

Recording calls This is simply a question that has been eerie and questionable for years, both in the context of everyday situations and in court cases. In Poland, the ability to evidence calls is mainly regulated by Civil Code, Criminal Code and provisions on the protection of individual data. Can you evidence conversations without the approval of another person? The answer depends on the intent for which specified recording is created and the circumstances of its use.

When is it legal to evidence calls?

Polish law allows recording of conversations in certain situations. The most crucial thing is to realize who is active in the conversation:

1. Recording your own conversations
   If you participate in a conversation and evidence it for your own purposes, You're not breaking the law.. This means that you can evidence telephone calls, meetings or business conversations in which you participate. It is not essential to inform the another organization about the fact of the recording, but...
2. Using the video as evidence
   The recording of the conversation you participate in can be utilized as evidence in court proceedings, for example in the case of legal disputes. Polish courts let specified recordings, unless they violate principles of social coexistence nor were they obtained in a grossly unethical way.
3. Public interest
   Recordings may be justified if their intent is to defend the public interest, specified as the disclosure of corruption or another irregularities. However, in specified situations it is worth consulting a lawyer to make certain that you operate within the limits of the law.

When is it illegal to evidence calls?

Not all situation entitles you to evidence calls. Polish law clearly protects privacy and secret of communication, therefore:

1. Recording individual else’s conversation
   Recording conversations you're not active in is prohibited without the consent of the participants. An example is eavesdropping calls in public places or at work – specified actions can be classified as a crime, by virtue of Article 267 Criminal Codewhich provides for a word of imprisonment of up to 2 years.
2. Recording for harmful purposes
   If the recording is utilized to blackmail, manipulate or violate the another person's good name, this can lead to criminal and civilian liability, and the injured individual may search compensation for the violation of individual property.
3. Protection of individual data
   In the context GDPR (Data Protection Regulations), conversation recordings may contain individual data, so their processing must comply with data protection regulations. This applies especially to companies that registry client or worker conversations.

Recording in the workplace – what does the law say?

Recording conversations at work is simply a peculiar case that requires attention:

1. Recording of employees by the employer
   The employer has the right to introduce monitoring, including recording telephone calls, but must inform employees. specified action should have legal grounds, e.g. relating to the protection of the interests of the company, and be adequately documented in the working regulations.
2. Recording of an employer by an employee
   Recording of a conversation with a superior may be allowed if it is intended to defend the rights of an employee, e.g. in cases of mobbing or discrimination. However, it is worth remembering that the usage of specified video in court can be assessed individually by a judge.

Recording and ethics – is it always worth recording?

Although the law frequently allows recording conversations, it is not always ethical. It should be considered whether the recording is actually essential and whether it does not violate the trust or relation with the another person.

Consequences of infringement

Recording conversations against the law can lead to serious consequences, specified as:

• Penalty of imprisonment for up to 2 years by virtue of Article 267 Criminal Code.
• Civil liability, including the request to pay compensation for violation of individual property.
• Fines for violating GDPR rules in case of processing individual data without consent.

Recording conversations in Poland is legal, but only in certain situations. If you evidence the conversation you are in, and you have a legitimate reason for it, you can feel safe. However, erstwhile recording another people’s conversations or utilizing recordings in an unethical way, there are severe consequences. Before recording it is always worth considering whether this is necessary, and check the existing rules.