Is it illegal to secretly record a call or conversation?
Article 18 of the Spanish Constitution states that everyone has a right to privacy, which cannot be violated even by the state authorities. Everyone has his or her own privacy, so the law states that it is an invasion of another person’s privacy to secretly record their conversations or to peek at their correspondence. Not only is such behavior illegal, but the material obtained cannot be prosecuted as evidence.
Nevertheless, the law states that it is legal if the person recording the conversation is a party to the conversation.
For example, if I secretly record another person’s conversation with a third person, this behavior is an invasion of privacy and can result in a prison sentence in serious cases. Therefore, in this case, even if the recording is made, it should not be taken out and used.
On the contrary, if I am talking with another person and record the conversation, this behavior is legal. This is because the law considers that since the person recording is part of the conversation, it is not considered an invasion of another person’s privacy. Because even if there is no recording, you can still know the content of the call.
Can I use software to record my phone calls?
Yes, you can. If I’m talking to another person on my cell phone, it is possible to record the call through a application. You can record the call without notifying the other party. The Code of Civil Procedure provides that a legal recording can be used as evidence in court. For example, if the other party admits on the phone that he owes me money, then this statement has legal effect, and I can take the recording out as evidence if I file a lawsuit afterwards.
Can the content of the recording be made public?
According to the above, whether the recording is made over the phone or in person, as long as the recorder is part of the conversation, even if the recording is made secretly, then it is legal. On the contrary, if the conversation of a third person who secretly recorded someone else, then it is an invasion of another person’s privacy.
However, even if the recording is legal, you may not publish it. This would mean that other people would know the content of the conversation, which may then involve privacy issues. Recordings can be used as evidence in court or as a bargaining chip to defend one’s interests. However, they must not be disclosed maliciously and damage the reputation of the other party.
Recordings of conversations should be used legally as evidence and should not be used to threaten or blackmail the other party. It is legal to use recordings to defend your rights, but be careful not to cross the line.
