When is it legal to record a conversation?

Recording a conversation with one or more people, without their knowledge, is generally legal provided that:

• It does not take place inside the home of one of the registered individuals. For example, it is not permitted to record or film a conversation taking place at a friend's house without their consent.

• The recorder should be used only when the person recording is present. For example, it is not permitted to leave a device turned on on a restaurant table and then walk away to listen to what is being said in the absence of the person recording.

The tape recorder, therefore, serves as a memory aid: since it is perfectly legal to remember what was said in our presence, it is equally legal to record this memory on a physical medium. This principle has been repeatedly confirmed by the Court of Cassation, which has clarified that anyone participating in a conversation is aware of what they are saying and, consequently, implicitly accepts the risk of being recorded, assuming responsibility for it.