Skip to content
Emergency

Secret audio recording: is that allowed?

The non-publicly spoken word is especially protected. Anyone who records conversations secretly without consent can make themselves criminally liable. Such recordings are moreover often not usable as evidence.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create a letter →

Your chances of getting your money back

The unauthorized recording of the non-publicly spoken word on a sound carrier is punishable (§ 201 StGB). Protected is the confidentiality of what is spoken, also on the phone.
Secret audio recordings are often not usable in court proceedings because they violate the personality right. Anyone hoping for evidence from them risks instead their own criminal liability.

What you should do now

  1. 1

    1. Avoid recording

    Do not record conversations secretly so as not to make yourself criminally liable.

  2. 2

    2. Witnesses instead of a recording

    Secure evidence in a permissible way, for example through witnesses or written confirmations.

  3. 3

    3. Affected? Check a complaint

    If you were recorded secretly, you can file a complaint.

  4. 4

    4. Check claims

    In case of publication, cease-and-desist and damages come into consideration.

How to spot the scam

  • You want to use a secret recording as evidence.
  • A secret recording of you is disseminated.
  • Threats or extortion are derived from a recording.

Frequently asked questions

Is a secret audio recording punishable?

Usually yes. The unauthorized recording of the non-publicly spoken word is punishable (§ 201 StGB). It can also be punishable to use such a recording or make it accessible to third parties. Publicly held speeches are not covered by this.

Can I use a secret recording in court?

Mostly not. Secret audio recordings violate the personality right and are therefore often inadmissible as evidence. Only in rare exceptional cases, for example in self-defense-like situations, can a use come into consideration. Do not rely on it.

What can I do if I was recorded secretly?

You can file a criminal complaint and, if the recording is disseminated, demand cease-and-desist, deletion and, where applicable, damages under civil law. Secure evidence of the recording and its dissemination as far as possible for you.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create a letterCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.