-
Notifications
You must be signed in to change notification settings - Fork 186
/
call_record_states.xml
1353 lines (1135 loc) · 79.2 KB
/
call_record_states.xml
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
<?xml version="1.0" encoding="utf-8"?>
<!--
/*
* Copyright (C) 2019 The LineageOS Project
*
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
-->
<call-record-allowed-flags>
<!-- Disable recording for Andorra:
Article 183 of the Andorran Penal Code sets a prison sentence of one to four years as the
punishment for attempting or succeeding to infringe on the privacy of another person
without his or her consent. This includes intercepting calls or using technical means to
listen, transmit, record or reproduce their calls. Article 185 and 188 of the Andorran
Penal Code describe the length of imprisonment when sharing recordings with third parties,
even if one has not partaken in their creation, unless the party was unaware of their
illicit origin. The attempt to do any of the above is also punishable by law.
Penal Code, as of 2014:
https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf
-->
<country iso="ad" allowed="false" />
<!-- Enable recording for Albania:
Relevant laws and/or legal precedents:
Article 121, 122 and 123 of the Albanian Penal Code cover the right to privacy, wiretapping
and harming other via dissemination of their secrets. Based on these, it is not a criminal
offense to record your own calls, but sharing them with a third party or using them to harm
the other party in said calls is a criminal offense.
Penal Code: (nonencrypted link)
http://rai-see.org/wp-content/uploads/2015/08/Criminal-Code-11-06-2015-EN.pdf
-->
<country iso="al" allowed="true" />
<!-- Enable recording for Armenia:
The Armenian Criminal Code discusses the legality and punishment of call recordings, when
recorded by a third party, otherwise known as wiretapping. Since the Criminal Code does not
specifically mention call recording done by a person that is a party to the call, with or
without consent, then the act of doing so is not a criminal offense, as it carries no
punishment whatsoever.
Criminal Code:
https://www.unodc.org/res/cld/document/armenia_criminal_code_html/Armenia_Criminal_Code_of_the_Republic_of_Armenia_2009.pdf
Two examples of usage of call recordings, without persecution:
https://fip.am/803
https://fip.am/4500
-->
<country iso="am" allowed="true" />
<!-- Enable recording for Argentina:
Argentina follows the continental law system. If a law does not exist, which defines
something as a crime, it is not a crime. Judges in Argentina make decisions based on their
reading of the law, and not on precedents. Call recording is currently not defined as a
crime in any law. This is defined in Section 19 of the Constitution of Argentina.
Constitution: (nonencrypted link)
http://www.senadoctes.gov.ar/constitucion-arg/Constitution%20of%20the%20Argentine%20Nation.htm
Example of usage of call recordings as legal evidence:
https://www.scribd.com/document/326647534/H-P-C-F-s-recurso-de-casacion
-->
<country iso="ar" allowed="true" />
<!-- Enable recording for American Samoa:
Federal Law 18 USC § 2511(2)(d) defines the recording of a call as legal when one party to
the call agrees to it, if said call recording is not done with the intention of committing
a crime. This territory of the United States conforms with its Federal legislation.
For further information, check 'us'.
U.S. Code: Title 18 - Crimes and Criminal Procedure:
https://www.law.cornell.edu/uscode/text/18/2511
-->
<country iso="as" allowed="true" />
<!-- Enable recording for Austria
According to Article 93 (3) of Austrian Communications Law, known as TKG 2003
Kommunikationsgeheimnis, it is illegal to recordor pass on information about a call, unless
you are one of the parties in that call. While recording is not illegal, sharing the
recording might be a punishable offense, without the consent of both sides.
Communications Law:
https://www.jusline.at/gesetz/tkg/paragraf/93
https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20002849
-->
<country iso="at" allowed="true" />
<!-- Disable recording for Australia:
Australian Capital Territory:
Subsection 4(3)(b) Listening Devices Act 1992 (ACT)
https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/act/consol_act/lda1992181/s4.html
A person must not use a listening device with the intention of recording a private
conversation to which the person is a party. This does not apply when said listening
device is used by, or on behalf of, a party to a private conversation if a principal
party to the conversation consents to the listening device being so used, and the
recording of the conversation is considered by that principal party, on reasonable
grounds, to be necessary for the protection of that principal party's lawful interests;
or the recording is not made for the purpose of communicating or publishing the
conversation, or a report of the conversation, to any person who is not a party to the
conversation.
New South Wales:
Subsection 7(3)(b) Surveillance Devices Act 2007 (NSW)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/sda2007210/s7.html
A person must not knowingly use a listening device to record a private conversation to
which the person is a party. This does not apply when a principal party to the
conversation consents to the listening device being so used and the recording of the
conversation is reasonably necessary for the protection of the lawful interests of that
principal party, or is not made for the purpose of communicating or publishing the
conversation, or a report of the conversation, to persons who are not parties to the
conversation.
Northern Territory:
Subsection 11(1)(a) Surveillance Devices Act 2007 (NT)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nt/num_act/sda200719o2007256/s11.html
Subsection 43, Emergency use of listening device in public interest
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nt/num_act/sda200719o2007256/s43.html
It is an offence to use a listening device to record a private conversation to which the
person is not a party and the device is used without the express or implied consent of
each party to the conversation. Under Section 43, a person may use a listening device to
record a private conversation if at the time of use there are reasonable grounds for
believing the circumstances are so serious and the matter is of such urgency that the use
of the device is in the public interest.
Queensland:
Subsection 43(2)(a) Invasion of Privacy Act 1971 (Qld)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/iopa1971222/s43.html
A person is guilty of an offence, if the person uses a listening device to record a
private conversation and is liable to a maximum penalty of 40 penalty units or
imprisonment for 2 years. This does not apply when the person using the listening device
is a party to the private conversation.
South Australia:
Subsection 4(2)(a)(ii) Surveillance Devices Act 2016 (SA)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/sda2016210/s4.html
A person must not knowingly use a listening device to record a private conversation to
which the person is, or is not a party. The maximum penalty is $15 000 or imprisonment
for 3 years. This does not apply if the use of a listening device is done by a party to
the private conversation if the use of the device is reasonably necessary for the
protection of the lawful interests of that person.
Tasmania:
Subsection 5(3)(b) Listening Devices Act 1991 (TAS)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/lda1991181/s5.html
A person shall not use a listening device to record a private conversation to which the
person is, or is not, a party. This does not apply when the listening device is used to
obtain evidence or information in connection with an imminent threat of serious violence
to persons or of substantial damage to property, or a serious narcotics offence, if the
person using the listening device believes on reasonable grounds that it was necessary to
use the device immediately to obtain that evidence or information. This does not apply if
a principal party to the conversation consents to the listening device being so used and
the recording of the conversation is reasonably necessary for the protection of the
lawful interests of that principal party or the recording of the conversation is not made
for the purpose of communicating or publishing the conversation, or a report of the
conversation, to persons who are not parties to the conversation.
Victoria:
Subsection 6(1) Surveillance Devices Act 1999 (NSW)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/sda1999210/s6.html
A person must not knowingly use a listening device to record a private conversation to
which the person is not a party. The penalty is up to 2 years imprisonment and up to 240
penalty units, or both.
Western Australia:
Subsection 5(3)(d) Surveillance Devices Act 1998 (WA)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/sda1998210/s5.html
Subsection 26(1)(2)(3)(b)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/sda1998210/s26.html
A person shall not use a listening device to record a conversation to which that person
is, or is not, a party. The penalty is $5 000 or imprisonment for 12 months, or both.
This does not apply to the use of a listening device by a party to a private conversation
if that principal party consents to its use, as reasonably necessary for the protection
of the lawful interests of that principal party. It is also not applicable in cases where
a person who is a party to a private conversation, or is acting on behalf of a party to a
private conversation, uses a listening device to record said private conversation,
believing that the use of the listening device is in the public interest.
Summary:
Most states and territories allow to make a recording of your personal conversations
under specific circumstances. The wording of the laws themselves are open to
legal interpretation and can be used against users. Until the laws above are presented
in a more clear way or enough evidence is shown to substantiate how the courts interpret
them when prosecuting private citizens, Australia shall not have call recording enabled.
-->
<country iso="au" allowed="false" />
<!-- Enable recording for Bosnia and Herzegovina:
Republika Srpska:
Article 155 - Unauthorized eavesdropping and tone recording.
Paragraph 1 specifically states 'which is not intended for him', which in context means
that a person may record anything which is intended for him or her. Paragraph 2 defines
the creation of a record with the intent to abuse and/or misuse it, or the act of sharing
it with a third party as a criminal offense.
Other Articles that might be relevant:
Article 153, Privacy of letters, telegrams and others.
Article 157, Unauthorized use of Personal Data.
Federation of Bosnia and Herzegovina:
Article 188, Unauthorized Tapping and Sound Recording, defines the recording of any call
'which is not intended for public or private knowledge', as a criminal offense.
Brčko District:
Article 185 of the Criminal Code specifically states 'which was not intended for him',
which in context means that a party may record any call which is indended for said party.
Wiretapping is considered a crime and is criminally punishable.
Further information:
The Criminal Codes of the legal entities of Bosnia and Herzegovina, namely Republika
Srpska, the Federation of Bosnia and Herzegovina and the Brčko District, can all be found
through the link below. Please note that these three entities currently have separate
laws, due to administrative and/or judicial autonomy. It should be noted that these
different entities have over 15 police forces, each with its own jurisdiction.
https://www.legislationline.org/documents/section/criminal-codes/country/40/Bosnia%20and%20Herzegovina/show
-->
<country iso="ba" allowed="true" />
<!-- Enable recording for Bangladesh:
Based on the Evidence Act of 1872, audio recordings may be admissible as a form of
evidence. In civil cases, call recording may be used, but judges decide on when they are
admissable. Recordings are considered admissible evidence when a witness is deposed and
testifies to their validity before a court. Parties may rely on recordings during civil
cases, in order to support their side's version of events. While the use of audio
recordings as a form of evidence is common, the Supreme Court has not stated whether
recordings can be used as evidence blindly, thus their use is on a case-to-case basis.
Legal discussion:
https://www.thedailystar.net/news/your-advocate-2
Evidence Act of 1872:
https://acc.portal.gov.bd/sites/default/files/files/acc.portal.gov.bd/law/7e753733_a368_471e_aef9_b4525cb5082c/The_Evidence_Act,_1872_(Act_No._I_of_1872).pdf
-->
<country iso="bd" allowed="true" />
<!-- Enable recording for Belgium:
As stated in the official response below, Belgian law does not consider the recording of
one's personal communications as a punishable offense. Using said recordings in a
fraudulent and/or demeaning way does carry the potential for liability and/or prosecution
by the state. The recording of one's own calls might be regarded as a form of personal data
processing, depending on the specifics of the case. Specific laws and cases are quoted
within the official response. The Belgian municipality of Baarle-Hertog, consisting of a
number of exclaves, has territory which is within the Dutch province of North Brabant, and
as such it may not be within the confines of the Belgian ISO and its inherent laws.
Official Response by Belgian Minister (QRVA 50 157, pages 20199-20202, 24/02/2003):
https://www.lachambre.be/QRVA/pdf/50/50K0157.pdf
-->
<country iso="be" allowed="true" />
<!-- Enable recording for Bulgaria:
Article 32(2) of the Bulgarian Constitution states that it is an inviolable right for
people to not be followed, photographed, recorded (audio and/or video) without being
notified and/or despite his or her explicit disagreement to said actions, except where the
law allows for said actions. The Code of Criminal Procedure, Part III, Articles 125 and
126, page 34, deal with the use of recordings as evidence. No law explicitly tackles the
issue of consent when recording one's personal telephone calls. Based on the available
documentation and the attached example of lack of state prosecution, recording one's own
calls is not legal, nor is it a criminal offense. Personal recordings are unlikely to be
a valid form of evidence in a court of law.
Constitution:
https://www.parliament.bg/bg/const
Code of Criminal Procedure:
https://www.mvr.bg/docs/default-source/normativnauredba/3da73fed-npk-pdf.pdf
Example of lack of state prosecution:
https://goo.gl/HQPUup
-->
<country iso="bg" allowed="true" />
<!-- Enable recording for Brazil:
Call recording is not a criminal offense when it the recording is made by one of the two
parties of said call. Interception by a third party is illegal and punishable by law,
unless done according to the requirements set out in Law 9296. There may be some debate, as
far as the use of a call recording as legitimate evidence. Further information is available
in the attached legal discussions below.
Law 9296 of the 24th of July 1996: (nonencrypted link)
http://www.planalto.gov.br/ccivil_03/leis/l9296.htm
Constitution of Brazil, Art 5º, X and XII:
https://www2.camara.leg.br/legin/fed/consti/1988/constituicao-1988-5-outubro-1988-322142-publicacaooriginal-1-pl.html
Legal discussions:
https://direitosbrasil.com/gravar-conversa-e-crime/
https://meusitejuridico.com.br/2018/04/02/stj-e-licita-gravacao-de-conversa-feita-pelo-destinatario-de-solicitacao-de-vantagem-indevida
https://moisesandrade.jusbrasil.com.br/artigos/121944095/constitucionalidade-do-uso-da-gravacao-clandestina-como-meio-de-prova
-->
<country iso="br" allowed="true" />
<!-- Enable recording for Belarus:
Article 28 of the Constitution of Belarus covers the right to privacy. Article 179 of the
Criminal Code of Belarus covers situations in which a person's privacy is violated by way
of any secret being shared without his or her consent, but no specific term of imprisonment
or fine is mentioned. The wording of the article is aimed at the collecting and sharing of
'a personal or family secret of another person'. Creating a call recording for personal use
is not covered by this article, as privacy is not inherently guaranteed. The use of call
recordings as evidence in a court of law is dubious. The sharing of a call recording could
be considered as punishable by law, depending on the circumstances.
Belarusian Constitution: (nonencrypted link)
http://www.pravo.by/pravovaya-informatsiya/normativnye-dokumenty/konstitutsiya-respubliki-belarus
Belarusian Criminal Code:
https://etalonline.by/?type=text®num=HK9900275#load_text_none_1_
-->
<country iso="by" allowed="true" />
<!-- Enable recording for Canada:
Any intended recipient of a communication is entitled to record it, based on Section 184(2)
Subsection (1) of the Criminal Code of Canada. There are numerous legal cases that validate
the interception of private communications by parties to the conversation as not illegal.
For a more in-depth look, refer to the LegalTree article below.
Criminal Code:
https://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html
LegalTree article:
https://legaltree.ca/node/908
Legal articles:
https://lambertavocatinc.com/avocat-montreal/enregistrer-conversation-legal/
https://www.avocat.qc.ca/affaires/iitelephone.htm
-->
<country iso="ca" allowed="true" />
<!-- Disable recording for Switzerland:
According to Article 179 of the Swiss Criminal Code of 21 December 1937, it is a criminal
offense to store, record, or share the recording of a call, even when one is part of said
call. Explicit consent is required by both parties for a recording to be legal.
Criminal Code:
https://www.admin.ch/opc/en/classified-compilation/19370083/index.html#a179ter
-->
<country iso="ch" allowed="false" />
<!-- Enable recording for Chile:
The Chilean law is considered a type of civil law, hence judges base their decisions on
their own reading of the law. The Chilean Supreme Court ruled in favor of accepting
one-party consent call recording as a form of legal evidence, hence the act of recording
your own calls is not criminally punishable, as can be seen in the Chilean Penal Code.
Penal Code:
https://www.leychile.cl/Navegar?idNorma=1984
Article on one-party consent:
https://radio.uchile.cl/2018/04/22/grabacion-es-aceptada-como-prueba-en-juicio-por-practicas-antisindicales/
-->
<country iso="cl" allowed="true" />
<!-- Enable recording for China:
No clear definition exists on the matter of call recordings being made by a private
citizen within the Criminal Law of the People's Republic of China. Depending on whether
said call recording was made and/or published with malicious intent, it may or may not be
admissible in court. For further information
Criminal Law of the People's Republic of China: (nonencrypted link)
http://english.court.gov.cn/2015-12/01/content_22595464.htm
Supreme People's Court Provisions on Evidence in Civil Procedures: (nonencrypted link)
http://en.pkulaw.cn/display.aspx?cgid=38083&lib=law
-->
<country iso="cn" allowed="true" />
<!-- Enable recording for Costa Rica:
One may record one's own calls, as long as they are calls between said person and only one
other party, that is two say two sides. Calls between 3 or more people can not be legally
recorded without all sides agreeing to one person doing so, as long as said person is a
part of the call and not wiretapping or eavesdropping. Recording calls with more than 2
participants requires the express consent of all other parties. Article 29 of the
Communication Law of 1994 specifies under what circumstances one may or may not do so.
Communication Law: (nonencrypted link)
http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRM&nValor1=1&nValor2=16466&strTipM=FN
Article:
https://www.laprensalibre.cr/Noticias/detalle/75929/ojo-conversaciones-grabadas-pueden-usarse-como-prueba-en-juicio
-->
<country iso="cr" allowed="true" />
<!-- Enable recording for Cyprus:
The Cypriot Penal Code does not explicitly cover the act of wiretapping or recording one's
own calls. Based on this, it is not a criminal offense to record personal calls. Article
369 of the Cypriot Penal Code states that anyone who knows that another is planning to
commit a criminal offense, yet fails to use any reasonable means to prevent said crime, is
guilty of misconduct, which can be used as a reason for recording one's own calls, should
the need arise to quote a legal document.
Penal Code: (nonencrypted link)
http://www.cylaw.org/nomoi/enop/non-ind/0_154/index.html
-->
<country iso="cy" allowed="true" />
<!-- Enable recording for Czech Republic:
Case Law File Number 21 502/2000 of the Supreme Court specifies that even when evidence is
acquired or provided in contravention to legal regulations and/or personal rights, it shall
not be deemed as inadmissible. This, as well as other information, is accessible in the
Constitutional Court Finding 191/05 of the 13th of September 2006.
Constitutional Court Finding:
https://nalus.usoud.cz/Search/GetText.aspx?sz=1-191-05_2
-->
<country iso="cz" allowed="true" />
<!-- Disable recording for Germany:
According to Section 201 of the German Criminal Code - Violation of the privacy of the
spoken word, making an audio recording of the privately spoken words of another or making
such a recording accessible by a third party will result in up to three years of
imprisonment. Article 10 of the German Constitution explicitly states that the secrecy of
telecommunications is inviolable. There are notable exceptions, such as the use of
recordings when in a legitimate self-defense situation. Article 227 of the German Civil
Code notes that acting in one's own defense is not unlawful, which is also explained in
Article 32 of the German Criminal Code. Article 88 of the Telecommunications Act defines
telecommunications secrecy. The German municipality of Büsingen am Hochrhein is an exclave
within the territorial confines of Switzerland, and as such it may not be within the
confines of the German ISO and its inherent laws.
Civil Code:
https://www.gesetze-im-internet.de/bgb/__227.html
Criminal Code:
https://www.gesetze-im-internet.de/stgb/__32.html
Constitution:
https://www.gesetze-im-internet.de/gg/art_10.html
Telecommunications Act:
https://www.gesetze-im-internet.de/tkg_2004/__88.html
Wikipedia article on self-defense laws in Germany:
https://de.wikipedia.org/wiki/Notwehr_(Deutschland)
Explanation of lawful use of a recording in a legal dispute:
https://www.anwalt.de/rechtstipps/gespraechsmitschnitte-als-beweismittel-ungeeignet_057458.html
-->
<country iso="de" allowed="false" />
<!-- Enable recording for Denmark, Faroe Islands and Greeenland:
Chapter 27, Article 263(3) of the Criminal Code of Denmark denotes that a person is liable
for criminal punishment when he or she intercepts or records telephone conversations to
which he or she is not a party. The articles in Chapter 27 cover a lot of different
situations, including the dissemination of recordings, which may lead to a fine or prison
sentence. The act of recording a conversation that one is a part of is not covered
explicitly, hence it is not a criminal offense in the eyes of the law.
Criminal Code:
https://www.retsinformation.dk/Forms/r0710.aspx?id=164192#Kap27
-->
<country iso="dk,fo,gl" allowed="true" />
<!-- Enable recording for Estonia:
Recording your calls for personal use is not a criminal offense. Sharing said calls with a
third party is a criminal offence, hence punishable by law, except in cases where said
calls are shared by a journalist.
Constitution, Paragraph 43:
https://www.pohiseadus.ee/index.php?sid=1&p=43
Instructions for call recording (GDPR equivalent):
https://www.aki.ee/sites/www.aki.ee/files/elfinder/article_files/Telefonik%C3%B5nede%20salvestamise%20lubatavuse%20juhend.pdf
Legal article:
https://digi.geenius.ee/rubriik/uudis/millistel-juhtudel-tohib-eestis-telefonikone-salvestada-ja-selle-sisu-avaldada/
-->
<country iso="ee" allowed="true" />
<!-- Enable recording for Spain:
Based on the decision of the Spanish Constitutional Tribunal of November the 29th, 1984, it
is legal for a party to record his or her calls without notifying the other party. Sharing
said recording with a third party is not protected and may make the party that has shared
the recording liable to a civil suit, to be initiated by the aggrieved party. Unless done
so for judicial purposes, it is punishable to disclose or share the recording or the gist
of the recording to other parties. The town of Llívia is a Spanish exclave within the
territory of the Republic of France, and as such, it may not be within the confines of the
Spanish ISO and its inherent laws.
Decision of the Spanish Constitutional Tribunal:
https://hj.tribunalconstitucional.es/eu/Resolucion/Show/367
Legal articles: (nonencrypted link)
http://belegal.com/blog-by-antonio-flores/validity-of-recorded-telephone-conversations-in-spain/
https://www.fonvirtual.com/blog/la-grabacion-de-llamadas/
https://www.legalisconsultores.es/2014/04/es-legal-realizar-grabaciones-su-aportacion-en-juicios/
-->
<country iso="es" allowed="true" />
<!-- Enable recording for Finland:
As a private citizen, one may record any call they participate in. There is no requirement
to make other parties aware of the recording, but the use of said recordings, depending on
their content, may be subject to various laws, such as data protection (privacy)
legislation, libel laws, laws governing trade and national secrets, non-disclosure
agreements and so on.
Bureau of Data Ombudsman:
https://web.archive.org/web/20180517050133/http://www.tietosuoja.fi/sv/index/useinkysyttya/puheluidennauhoittaminen.html
-->
<country iso="fi" allowed="true" />
<!-- Enable recording for France, Saint Barthélemy, French Guayana, Guadeloupe, Saint Martin,
Martinique, New Caledonia, French Polynesia, Saint Pierre & Miquelon,
Réunion, Wallis-et-Futuna and Mayotte:
While recording calls without consent, as a third party, is punishable, it depends on
whether said recording was created or used with a malicious intent. Judges are free to view
said recordings as a form of evidence and base their final decisions with their help.
Recording your own calls as a private citizen is not a criminal offense. Sharing said
recordings, with the intent to harm the other party in any way, is a criminal offense.
Penal Code:
https://www.legifrance.gouv.fr/affichCode.do;jsessionid=3E84EAC0F63D49FC16A28B8D90EFF1D2.tplgfr44s_2?idSectionTA=LEGISCTA000006165309&cidTexte=LEGITEXT000006070719&dateTexte=20150413
Civil Code:
https://www.legifrance.gouv.fr/affichCode.do;jsessionid=1A7384A63066DBE1E1D8C732E698F844.tplgfr23s_3?idSectionTA=LEGISCTA000006117610&cidTexte=LEGITEXT000006070721&dateTexte=20190606
Legal article on call recordings as evidence:
https://www.annuaireavocats.fr/articles/enregistrer-une-conversation-a-linsu-dune-personne-est-ce-legal
Legal article on recording in the workplace:
https://www.cnil.fr/fr/lecoute-et-lenregistrement-des-appels-sur-le-lieu-de-travail
-->
<country iso="fr,bl,gf,gp,mf,mq,nc,pf,pm,re,wf,yt" allowed="true" />
<!-- Enable recording for United Kingdom:
Recording one's own calls is not a criminal offence and is not prohibited. As long as the
recording is for personal use, consent and/or notification of the other party are not
required. Call recordings can be used as evidence, since it is based on a trite law.
Sharing said call recordings with a third party, without consent, may be a criminal offence
and punishable.
Use as evidence (p. 3):
https://www.bailii.org/uk/cases/UKPC/1954/1954_43.pdf
Legal articles:
https://www.computertel.co.uk/article?ref=Call-Recording-Law-in-the-UK-2018-edition
https://www.dma-law.co.uk/is-it-illegal-to-record-conversations/
-->
<country iso="gb" allowed="true" />
<!-- Enable recording for Georgia:
The Constitution of Georgia, Chapter Two - Fundamental Human Rights, Article 15(2) states
that personal communication(s) are inviolable and that said right may only be restricted in
accordance with the law, to ensure national security or public safety, or to protect the
rights of other parties, insofar as it is necessary in a democratic society, based on a
court decision or without a court decision in cases of urgent necessity, as provided by the
law. Articles 157, 158 and 159 of the Criminal Code of Georgia deal with the disclosure of
private information, personal data, the violation of the secrecy of private communication
and the violation of secrecy of personal correspondence, phone conversations or other kinds
of communication. The document does not specify a situation in which one side of a
conversation records without the other side's knowledge or consent, thus the act of
recording one's conversations is in a legally gray area. All of the above articles
explicitly note that no criminal liability can be incurred if the gathered information is
submitted to investigative authorities.
Constitution:
https://matsne.gov.ge/en/document/view/30346?publication=35
Criminal Code of Georgia:
https://matsne.gov.ge/en/document/view/16426?publication=187&scroll=62067
-->
<country iso="ge" allowed="true" />
<!-- Enable recording for Greece:
Section 2 of Article 370A of the Greek Penal Code bans it, subarticle 4 offers exceptions
when no other evidence is present. Decision 53/2010 of the Supreme Criminal Court limits
evidence submitting to third parties that found the recording 'by accident'. Decision
277/2014 of the Supreme Criminal Court acquitted a guilty party and deemed the presented
recordings admissable. Article 25 of the Penal Code states that, any action is not illegal
if it was done so to protect the property or safety of oneself or of another party,
provided that the crime of sharing the recording is a lesser one in comparison.
Legal discussion:
https://uk.practicallaw.thomsonreuters.com/w-010-1738
-->
<country iso="gr" allowed="true" />
<!-- Enable recording for Croatia:
Article 143 of the Croatian Criminal Code, Paragraph 1 notes that the recording of another
person's privately uttered words is a criminal offense, when said words are not 'intended
for his or her attention' and could lead to imprisonment not exceeding three years.
Paragraph 2, which holds the same punishment, indicated that situations in which the
recording, its transcription or the 'gist' of said recording being shared as an equal
crime. Paragraph 4 states that there is no criminal offence if said acts are committed in
'the public interest or another interest prevailing over the interest to protect the
privacy of the person being recorded or eavesdropped on'. Prosecution is made per request
and the state does not initiate it, which renders the matter to the level of a civil case
and not to that of a criminal case.
Croatian Criminal Code:
https://www.legislationline.org/documents/section/criminal-codes/country/37/Croatia/show
-->
<country iso="hr" allowed="true" />
<!-- Enable recording for Hungary:
Sections 413 and 418 define the Breach of Trade and/or Business Secrecy as a criminal
offense. There is no mention of wiretapping and/or eavesdropping as a criminal offense.
The Hungarian Data Protection and Freedom of Information Agency (DPA) created a Guidance in
2016, for cases concerning situations which include an individual as one side of the
conversation, and a data processing entity as the other side. This guidance should not be
considered relevant, as it does not deal with the communications of individuals. No
pertinent articles or paragraphs were found in the Hungarian Criminal Code, which in effect
equates to there being no punishment for the recording of personal calls.
DPA 2016 Guidance:
https://www.naih.hu/files/2016_05_09_tajekoztato_hangfelvetelekrol.pdf
Hungarian Criminal Code:
https://www.legislationline.org/documents/section/criminal-codes/country/25/Hungary/show
-->
<country iso="hu" allowed="true" />
<!-- Disable recording for Indonesia:
Based on Article 26 of both Law Number 11 of 2008 and its revision, Law Number 19 of 2016,
call recording is defined on its own and requires one to obtain consent from the other
party when recording calls, although it can be used as a form of evidence. Whether
recording another person without his or her consent is a criminal offense that is
prosecuted by the country itself is not clear and further information should be gathered by
a native speaker.
Law 11 of 2008 (first file):
https://www.hukumonline.com/pusatdata/detail/27912/nprt/1011/uu-no-11-tahun-2008-informasi-dan-transaksi-elektronik
Law 19 of 2016:
https://jdih.kominfo.go.id/produk_hukum/view/id/555/t/undangundang+nomor+19+tahun+2016+tanggal+25+november+2016
-->
<country iso="id" allowed="false" />
<!-- Enable recording for Ireland:
The Irish Constitution does not specifically state a right to privacy. Subsection (6) of
section 98 of the Interception of Postal Packets and Telecommunications Messages
(Regulation) Act of 1993 defines interception of a call in such a way, that deems the
recording of a call by one party to the call legal. Whether said call recording can be used
as evidence or infringes upon a person's privacy is a complicated matter that can only be
decided on a case-by-case basis. Subsection (2) of section 98 goes on to elabore on cases
in which call recordings are legal, such as in the interests of the security of the State
(c), for the prevention or detection of crime or for the purpose of any criminal
proceedings (b) and others.
Telecommunications Messages Act of 1993: (nonencrypted link)
http://www.irishstatutebook.ie/eli/1993/act/10/enacted/en/print.html
Legal discussions:
https://www.mhc.ie/latest/insights/big-brother-is-watching-but-is-he-listening-too
https://www.irishtimes.com/news/crime-and-law/q-a-what-are-the-legal-implications-1.1740070
-->
<country iso="ie" allowed="true" />
<!-- Enable recording for Israel and Palestine:
Israeli law specifies that call recording is illegal and punishable when neither party in
said conversation is aware of said act of recording. Either party in a conversation can
record his or her calls without being legally required to inform the other party.
Due to legal ambiguity, it is currently impossible to determine which set of laws should be
taken under consideration when recording personal calls within the Palestinian territories.
This is relevant as the Occupied Palestinian Territory makes use of the Mobile Country Code
registered to Israel. Palestine's ISO is set as disabled, since if it is in use there is no
legal way to determine which set of laws are being used, due to the differing laws used
in parts of it.
The Wiretapping Law, 5739-1979:
https://www.nevo.co.il/law_html/law01/077_001.htm
Information on State of Palestine:
https://en.wikipedia.org/wiki/Palestinian_law#Statutes_and_legislation
News articles:
https://www.globes.co.il/news/article.aspx?did=1001066185
https://www.ynet.co.il/articles/0,7340,L-3043583,00.html
-->
<country iso="il" allowed="true" />
<country iso="ps" allowed="false" />
<!--Enable recording for India:
No clear definition exists on the matter of call recordings being made by one side.
Depending on whether said call recording was made and/or published with malicious intent,
it may or may not be admissible in court, and/or punishable by law. There are a number of
precedents and legal definitions, which are available below.
Legal discussion:
https://copyright.lawmatters.in/2012/02/recording-telephonic-conversations.html
-->
<country iso="in" allowed="true" />
<!-- Disable recording for Iceland:
According to the Electronic Communications Act, No. 81, recording one's own telephone
conversations without notifying the other party can make the recording party liable to
fines or imprisonment of up to six months in the case of serious or repeated violations, as
explicitly stated in Article 74. Article 48 covers the Recording of telephone calls and
states that the party to a telephone conversation that wishes to record said conversation
shall, when it commences, notify the opposite party of his or her intent to do so. This is
not required when the opposite party can clearly be assumed to be aware of the recording.
Electronic Communications Act:
https://www.government.is/Publications/Legislation/Lex/?newsid=86c9a6a9-fab5-11e7-9423-005056bc4d74
-->
<country iso="is" allowed="false" />
<!-- Enable recording for Iran:
Based on Article 25 of the Iranian Constitution, recording one's own calls, as a private
citizen for archival reasons, is not illegal. The sharing of said recordings with a third
party is forbidden based on the aforementioned legal document. According to Article 730 of
the Iranian Cybercrime Law, wiretapping a call which can be defined as non-public is a
crime and may lead to a punishment in the form of imprisonment for a period of six months
to two years, or a fine of ten to forty million rials, or both. There is currently no
punishment for the act of recording one's own calls in the Iranian Penal Code, thus the act
itself is not criminally punishable. Sharing said recordings in a way that causes injury to
the other party might be criminally punishable. Caution is advised, due to the geopolitical
situation surrounding the Islamic Republic of Iran.
Constitution:
https://www.wipo.int/edocs/lexdocs/laws/en/ir/ir001en.pdf
Penal Code of 2013 (in Persian):
https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5447c9274
Cybercrime Law (in Persian):
https://www.cyberpolice.ir/page/42981
Legal article (in Persian):
https://www.irna.ir/news/83268974/%D8%B6%D8%A8%D8%B7-%D9%85%D9%83%D8%A7%D9%84%D9%85%D9%87-%D8%AA%D9%84%D9%81%D9%86%DB%8C-%D8%AC%D8%B1%D9%85-%D9%86%DB%8C%D8%B3%D8%AA
-->
<country iso="ir" allowed="true" />
<!-- Enable recording for Italy and Vatican City State:
It is not illegal to record a conversation, as parties to calls automatically accept the
risk that a call may be recorded. Making a recording available to other parties is a
criminal offense, when done so for reasons other than protecting either one's own rights or
other parties' rights. Articles 23 and 167, in the Privacy Code, deem that the crimes
provided for therein are punishable only if said acts result in harm. According to the
Supreme Court of Cassation, recorded conversations are legal and can be used as evidence in
court, even if the other party is unaware of being recorded, provided that it is not
recorded by a third party. The Italian comune of Campione d'Italia features an exclave,
situated within the Swiss canton of Ticino, and as such it may not be within the confines
of the Italian ISO and its inherent laws.
Legal articles:
https://www.altalex.com/index.php?idnot=53369
https://web.archive.org/web/20161011100301/http://notizie.tiscali.it/socialnews/articoli/polimeni/13230/registrare-di-nascosto-per-la-cassazione-e-legale/
-->
<country iso="it,va" allowed="true" />
<!-- Enable recording for Japan:
Recording one's own calls is neither a criminal offense, nor illegal. Wiretapping and
leaking information gained from a recording is illegal and may be criminally punishable.
Recording as a third party is a criminal offense, when done so without the consent of at
least one party to the conversation. Recordings obtained without consent from both sides
will not be admitted as evidence in a criminal case, but are admitted as such in most civil
cases, unless it was obtained in a method, which the court deems as unacceptable. If the
recording infringes one's personal rights or discloses trade secrets, sharing said
recording might lead to civil cases. In work-related instances, one may record and divulge
information under the protection of the Whistleblower Protection Act of 2004. The Supreme
Court of Japan's Decision of the 12th of July 2000, case number 1999 (A) 96, was in favor
of admitting a tape recording as evidence, which was made by one party to a conversation,
without the other party's consent.
Whistleblower Protection Act: (nonencrypted link)
http://drasuszodis.lt/userfiles/Japan%20Whistleblower%20Protection%20Act.pdf
Decision of the Supreme Court of Japan: (nonencrypted link)
http://www.courts.go.jp/app/hanrei_en/detail?id=494
Legal articles: (nonencrypted link)
https://www.moneypost.jp/292939
https://president.jp/articles/-/15666
https://www.hrpro.co.jp/trend_news.php?news_no=636
https://kumaben.com/recording-audio-without-consent/
https://www.mot-net.com/blog/efficiency-of-operations/6737
https://milight-partners-law.hatenablog.com/entry/2015/08/31/152333
Legal discussion:
https://blogs.yahoo.co.jp/unyieldingspirit2007/24529523.html
-->
<country iso="jp" allowed="true" />
<!-- Enable recording for South Korea:
According to Article 3(1) of the Protection of Communications Secrets Act, it is forbidden
to wiretap, record or listen to any conversation between other parties. Article 4 defines
recordings obtained by way of illegal recording or wiretapping as inadmissible, hence they
can not be used as evidence in a trial or disciplinary procedure. Article 14 goes on to
specify that no person shall record a conversation between other parties, that is not
public, or listen to said parties' conversation through the use of electronic or mechanical
devices. Definitions of recording, wiretapping and other such terms may be found in Article
2. The Protection of Communications Secrets Act clearly defines that recording is not legal
when done by a third party, but does not specifically discuss whether whether both parties
to a conversation need to agree to a recording. Since there is no penalty listed, recording
one's own conversations should be in, at worst, a gray area that should still not make the
act punishable. Similarly, whether recordings made without consent can be used as evidence
is legally unclear.
Protection of Communications Secrets Act:
https://elaw.klri.re.kr/kor_service/lawView.do?hseq=31731&lang=ENG
-->
<country iso="kr" allowed="true" />
<!-- Enable recording for Liechtenstein:
Recording a call between an organization and an individual is illegal, when done without
notification and/or consent. Recording a call between individuals is illegal and punishable
when transmitting said recording or information to a third party, and/or when the person
that initiates the recording is not part of the conversation. This means that recording a
call when you are one of the two parties is legal, even without notifying the other party.
Legal action must be initiated by the aggrieved party. The following is defined in Article
120 of the Criminal Code of 24 June 1987 (StGB), points 1, 2, 2a and 3. Article 100 of the
Constitution may be pertinent to use of call recordings as evidence.
Criminal Code of 24 June 1987 (StGB):
https://www.regierung.li/media/medienarchiv/311_0_11_07_2017_en.pdf.
Constitution:
https://www.regierung.li/media/medienarchiv/101_01_01_2012_en.pdf?t=2.
-->
<country iso="li" allowed="true" />
<!-- Enable recording for Sri Lanka:
Part IV/59 of the Sri Lankan Telecommunications Act defines the penalty for eavesdropping
on a call. The Sri Lankan Penal Code does not cover the act of recording one's own calls,
hence the act is not criminally punishable.
Telecommunications Act:
https://www.lawnet.gov.lk/1947/12/31/sri-lanka-telecommunications-2/
Penal Code:
https://www.lawnet.gov.lk/penal-code-consolidated-2/
Article: (nonencrypted link)
http://www.dailymirror.lk/article/PTL-tampered-with-phone-recording-system-ASG-135574.html
-->
<country iso="lk" allowed="true" />
<!-- Enable recording for Lithuania:
Article 166 of the Lithuanian Criminal Code defines that violations of a person's
correspondence, by unlawfully wiretapping a person's conversations as a criminal offense,
which could lead to a term of imprisonment of up to two years, a fine or community service.
The wording of said article is unclear and only mentions electronic communication networks
and recording and/or wiretapping as a third party, and not as one of the two parties.
Article 61 of the Law on Electronic Communications defines confidentiality of
communications, as far as situations like those covered by GDPR, as in the handling of
information between individuals and legal entities, and should therefore not be taken into
account.
Lithuanian Criminal Code:
https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=q8i88l10w&documentId=a84fa232877611e5bca4ce385a9b7048&category=TAD
Lithuanian Law on Electronic Communications:
https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=-wd7z7kkgy&documentId=05cd4e020f0a11e7b6c9f69dc4ecf19f&category=TAD
-->
<country iso="lt" allowed="true" />
<!-- Enable recording for Luxembourg:
The Luxembourgish Penal Code does not specifically cover the right to privacy and its
infringement. Based on this, it is not a criminal offense to record one's personal calls,
although doing so in a public manner may lead to a civil case from the aggrieved party. One
should consult further with a lawyer whether sharing said recording or recordings would
constitute a criminal offense.
Penal Code: (nonencrypted link)
http://legilux.public.lu/eli/etat/leg/code/penal/20181101
-->
<country iso="lu" allowed="true" />
<!-- Enable recording for Latvia
There is no clear definition of call recording by itself within the Criminal Law of Latvia.
Article 144 of said law covers breach of information secrecy, when said information is in
the form of correspondence or data relayed by way of electronic communications networks.
Paragraph (1) defines the punishment for violating the secret of a person's correspondence
as a term of imprisonment for up to two years, or a fine, or others. In a 2014
e-Consultation, the Deputy Head of the Public Relations Department of the State Police,
Tom Sadovsky, defined the recording of calls with the intent to use as evidence as legal.
The Personal Data Protection Law does not apply, as it considers the communication between
individuals and legal entitites.
Latvian Criminal Law:
https://likumi.lv/doc.php?id=88966
Latvian Personal Data Protection Law:
https://likumi.lv/doc.php?id=4042
Legal consultation:
https://lvportals.lv/e-konsultacijas/4460-sarunas-drikst-ierakstit-2014.
-->
<country iso="lv" allowed="true" />
<!-- Enable recording for Morocco:
Call recording is not punishable as one side of a two-party conversation. Recordings are
not admissible in court, if the other party is not aware of the recording. Article 447 of
the Criminal Law of Morocco, states that the premeditated and unconsented publication of
video and/or audio files is a punishable offense.
Personal Data Law 09-08:
https://www.afapdp.org/wp-content/uploads/2018/05/Maroc-Loi-09-08-relative-a-la-protection-des-personnes-physiques-a-legard-du-traitement-des-DCP-2009.pdf
Moroccan Criminal Law:
https://www.h24info.ma/maroc/la-loi-sur-la-protection-des-donnees-personnelles-entre-en-vigueur-le-13-septembre/
-->
<country iso="ma" allowed="true" />
<!-- Disable recording for Monaco:
According to the Penal Code of Monaco, Article 308-2, a person may be punished with a
prison sentence of six months to three years, as well as a fine, for infinging or
attempting to infringe on a person's rights to privacy. This includes wiretapping,
recording or transmitting the words spoken by a person in a private place. Consent will be
presumed when such an action is done during a meeting, with the knowledge of the person
that is being recorded. Article 344 of the Penal Code mentions the same punishment for
purposeful wiretapping.
Penal Code:
https://www.legimonaco.mc/305/legismclois.nsf/ViewCode!OpenView&Start=1&Count=300&RestrictToCategory=CODE%20P%C3%89NAL
-->
<country iso="mc" allowed="false" />
<!-- Enable recording for Moldova:
Article 30 of the Constitution of Moldova ensures the privacy of correspondence. No
specific law has been enacted that defines recording calls, as an individual, as a criminal
offense. There are laws which define this for legal entities and for the government. Please
read the attached legal discussion for further information on the subject.
Constitution of Moldova:
https://www.presedinte.md/eng/constitution
Code of Criminal Procedure:
https://www.seepag.info/download/rep_moldova/Criminal%20Procedure%20Code%20RM.pdf
Regulations for legal entities:
https://www.anrceti.md/files/filefield/hca%20nr.48%20din%2010.09.2013%20regulam%20priv%20serv%20CE.pdf
Legal discussion:
https://jsa.md/2017/02/06/inregistrarea-convorbirilor-telefonice-cit-de-legala-este/
-->
<country iso="md" allowed="true" />
<!-- Enable recording for Montenegro:
Article 173 of the Criminal Code of Montenegro marks call recording as legal if the content
of the conversation was 'intended for your use'. It is also legal when it concerns the
prevention of crimes, which carry a sentence of 5 years minimum. Sharing a conversation to
a third party is a criminal offense.
Criminal Code of Montenegro:
https://www.pravda.gov.me/ResourceManager/FileDownload.aspx?rid=256001&rType=2&file=Krivi%C4%8Dni%20zakonik%20Crne%20Gore.pdf
-->
<country iso="me" allowed="true" />
<!-- Enable recording for North Macedonia:
As stated in the Macedonian Penal Code, if the recording is made available to a third party
or is created and/or distributed with a malicious intent, then the other party can sue you.
The state does not prosecute in such cases, unless the act is done by an official state
representative of any kind, as mentioned in 151.4 and 151.5.
North Macedonian Penal Code:
https://www.wipo.int/edocs/lexdocs/laws/mk/mk/mk018mk.pdf
-->
<country iso="mk" allowed="true" />
<!-- Enable recording for Malta:
Relevant laws and/or legal precedents:
Article 34 (1)(f) of the Maltese Constitution states that a person may be deprived of his
rights in the case of there being suspicion of said person having commited, or being in the
process of committing a crime. Effectively this means that recording your own calls is
legal when done so to report a crime. There is no mention of the act of recording one's own
calls in the Maltese Criminal Code, which means that even if it were to be illegal, it is
not a criminal offense. The Media and Defamation Act of 2018 handles all cases of
defamation, which may or may not include the act of publishing one's call recordings
without the knowledge or consent of the other concerned party.
Constitution: (nonencrypted link)
http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8566&l=1
Criminal Code: (nonencrypted link)
https://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8574&l=1
Media and Defamation Act: (nonencrypted link)
http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29045&l=1
-->
<country iso="mt" allowed="true" />
<!-- Enable recording for Netherlands, Bonaire, Sint Eustatius, Saba, Sint Maarten, Curaçao,
Aruba:
Recording one's own conversations without the consent of the other party or parties is not
in itself punishable by law. Sharing recordings made without consent is punishable in the
form of a libel case. This in effect means that the government shall not prosecute anyone
for the recording of calls. Call recordings may be used as evidence in criminal and civil
cases.
Legal discussion:
https://blog.wetrecht.nl/telefoongesprekken-opnemen-als-bewijs-kan-dat
-->
<country iso="nl,bq,sx,cw,aw" allowed="true" />
<!-- Enable recording for Norway:
As a private citizen, one may record any call that they participate in. There is no
requirement to make other parties aware of the recording, but the use of said recording(s),
depending on the content, may be subject to various laws, such as data protection (privacy)
legislation, libel laws, laws governing trade and national secrets, non-disclosure
agreements and so on. It is, however, prohibited to record calls without the permission of
the other party or parties, if you are making the call on behalf of a company or
organization. All of the above is outlined in Article 205 of the Norwegian Penal Code.