Audio or Video Recording in the Workplace: Are They Possible?

The workplace has traditionally been equated with the home, which has led to the belief that recording a conversation in a private office, as well as in a private home, is prohibited. However, there are exceptions to this rule.

According to the Court of Cassation, it is legitimate to secretly record colleagues or employers if this serves to provide evidence in a potential legal dispute. This could be done, for example, to challenge a disciplinary measure or to challenge a company decision in court.

This means that the constitutional right to defense in court prevails over the right to privacy. Consequently, a recording made without the consent of the individuals involved cannot be considered unlawful if its purpose is to protect their interests in future legal proceedings.

An important aspect clarified by the Supreme Court is that a trial does not need to be underway at the time of registration. It is sufficient for the worker to gather evidence in anticipation of a lawsuit they may file in the future. In this case, such behavior does not constitute a crime, but falls within the exercise of the right to defense.

However, it is essential that the recording be truly intended to protect a right and not intended to be defamatory or blackmailing. Any misuse of recordings could constitute a violation of privacy laws or other unlawful acts.

This exception applies to various employment situations, making recording a legitimate option for documenting any abuse, discrimination, or breach of contract. However, it's always advisable to carefully evaluate the context and, if possible, consult a legal expert before proceeding with employment-related recordings.