Is it legal to record a phone call in Sweden?
What the Criminal Code says about secret recording and what IMY says about publishing.
Short answer
Recording a call you take part in yourself is not the offence olovlig avlyssning, which covers secretly recording conversations between others that you do not take part in. The offence carries fines or up to two years in prison, and IMY says that as a private person you are responsible for what you publish online.
Why
- Under 4 kap. 9 a § of the Criminal Code (brottsbalken), olovlig avlyssning means secretly listening to or recording, with a technical aid and without authorisation, private speech, conversations between others or meetings closed to the public, according to the Riksdag's text of the law.
- The provision covers meetings and gatherings that the person does not take part in, or has entered without authorisation, so a participant is outside its wording.
- According to the Authority for Privacy Protection (IMY), as a private person you are responsible for what you publish online.
Details
The Criminal Code provision sets a fine or up to two years in prison for olovlig avlyssning. It starts with the words that it applies in cases other than those in 8 §, which deals with telecommunications secrecy. IMY's guidance on filming and posting online explains when a private person publishing material becomes responsible under data protection rules. For a personal legal question, see law firms and legal services in Stockholm.
Tip
Read IMY's guidance on filming, photographing and publishing online before you share a recording with other people. For a personal legal question, see law firms and legal services in Stockholm.
What may differ
The answer is different if you are not part of the conversation: secretly recording a private conversation between others, or a meeting closed to the public that you have entered without authorisation, can be olovlig avlyssning.
Common misconception
Recording a phone call is always illegal in Sweden unless the other person agrees.
What actually happens
The offence olovlig avlyssning in the Criminal Code covers secret recording of conversations that the person recording does not take part in, so recording a call you take part in yourself is outside that provision.
People also ask
- Can you record a phone call in Sweden?
- Is it illegal to record a conversation in Sweden?
Sources
- Riksdag: Criminal Code (1962:700)Checked at:
- IMY: When you film, take photos and publish onlineChecked at:
This answer is general information, not legal advice. Laws can change, so check the Swedish Authority for Privacy Protection (IMY).
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