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Diffstat (limited to 'java/com/android/dialer/callrecord/res/xml/call_record_states.xml')
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diff --git a/java/com/android/dialer/callrecord/res/xml/call_record_states.xml b/java/com/android/dialer/callrecord/res/xml/call_record_states.xml new file mode 100644 index 000000000..9907fe9e2 --- /dev/null +++ b/java/com/android/dialer/callrecord/res/xml/call_record_states.xml @@ -0,0 +1,1324 @@ +<?xml version="1.0" encoding="utf-8"?> +<!-- +/* + * Copyright (C) 2019 The LineageOS Project + * + * Licensed under the Apache License, Version 2.0 (the "License"); + * you may not use this file except in compliance with the License. + * You may obtain a copy of the License at + * + * http://www.apache.org/licenses/LICENSE-2.0 + * + * Unless required by applicable law or agreed to in writing, software + * distributed under the License is distributed on an "AS IS" BASIS, + * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. + * See the License for the specific language governing permissions and + * limitations under the License. + */ +--> +<call-record-allowed-flags> + <!-- Disable recording for Andorra: + Article 183 of the Andorran Penal Code sets a prison sentence of one to four years as the + punishment for attempting or succeeding to infringe on the privacy of another person + without his or her consent. This includes intercepting calls or using technical means to + listen, transmit, record or reproduce their calls. Article 185 and 188 of the Andorran + Penal Code describe the length of imprisonment when sharing recordings with third parties, + even if one has not partaken in their creation, unless the party was unaware of their + illicit origin. The attempt to do any of the above is also punishable by law. + + Penal Code, as of 2014: + https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf + --> + <country iso="ad" allowed="false" /> + + <!-- Enable recording for Albania: + Relevant laws and/or legal precedents: + Article 121, 122 and 123 of the Albanian Penal Code cover the right to privacy, wiretapping + and harming other via dissemination of their secrets. Based on these, it is not a criminal + offense to record your own calls, but sharing them with a third party or using them to harm + the other party in said calls is a criminal offense. + + Penal Code: (nonencrypted link) + http://rai-see.org/wp-content/uploads/2015/08/Criminal-Code-11-06-2015-EN.pdf + --> + <country iso="al" allowed="true" /> + + <!-- Enable recording for Armenia: + The Armenian Criminal Code discusses the legality and punishment of call recordings, when + recorded by a third party, otherwise known as wiretapping. Since the Criminal Code does not + specifically mention call recording done by a person that is a party to the call, with or + without consent, then the act of doing so is not a criminal offense, as it carries no + punishment whatsoever. + + Criminal Code: + https://www.unodc.org/res/cld/document/armenia_criminal_code_html/Armenia_Criminal_Code_of_the_Republic_of_Armenia_2009.pdf + + Two examples of usage of call recordings, without persecution: + https://fip.am/803 + https://fip.am/4500 + --> + <country iso="am" allowed="true" /> + + <!-- Enable recording for Argentina: + Argentina follows the continental law system. If a law does not exist, which defines + something as a crime, it is not a crime. Judges in Argentina make decisions based on their + reading of the law, and not on precedents. Call recording is currently not defined as a + crime in any law. This is defined in Section 19 of the Constitution of Argentina. + + Constitution: (nonencrypted link) + http://www.senadoctes.gov.ar/constitucion-arg/Constitution%20of%20the%20Argentine%20Nation.htm + + Example of usage of call recordings as legal evidence: + https://www.scribd.com/document/326647534/H-P-C-F-s-recurso-de-casacion + --> + <country iso="ar" allowed="true" /> + + <!-- Enable recording for American Samoa: + Federal Law 18 USC § 2511(2)(d) defines the recording of a call as legal when one party to + the call agrees to it, if said call recording is not done with the intention of committing + a crime. This territory of the United States conforms with its Federal legislation. + For further information, check 'us'. + + U.S. Code: Title 18 - Crimes and Criminal Procedure: + https://www.law.cornell.edu/uscode/text/18/2511 + --> + <country iso="as" allowed="true" /> + + <!-- Enable recording for Austria + According to Article 93 (3) of Austrian Communications Law, known as TKG 2003 + Kommunikationsgeheimnis, it is illegal to recordor pass on information about a call, unless + you are one of the parties in that call. While recording is not illegal, sharing the + recording might be a punishable offense, without the consent of both sides. + + Communications Law: + https://www.jusline.at/gesetz/tkg/paragraf/93 + https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20002849 + --> + <country iso="at" allowed="true" /> + + <!-- Disable recording for Australia: + Australian Capital Territory: + Subsection 4(3)(b) Listening Devices Act 1992 (ACT) + https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/act/consol_act/lda1992181/s4.html + A person must not use a listening device with the intention of recording a private + conversation to which the person is a party. This does not apply when said listening + device is used by, or on behalf of, a party to a private conversation if a principal + party to the conversation consents to the listening device being so used, and the + recording of the conversation is considered by that principal party, on reasonable + grounds, to be necessary for the protection of that principal party's lawful interests; + or the recording is not made for the purpose of communicating or publishing the + conversation, or a report of the conversation, to any person who is not a party to the + conversation. + + New South Wales: + Subsection 7(3)(b) Surveillance Devices Act 2007 (NSW) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/sda2007210/s7.html + A person must not knowingly use a listening device to record a private conversation to + which the person is a party. This does not apply when a principal party to the + conversation consents to the listening device being so used and the recording of the + conversation is reasonably necessary for the protection of the lawful interests of that + principal party, or is not made for the purpose of communicating or publishing the + conversation, or a report of the conversation, to persons who are not parties to the + conversation. + + Northern Territory: + Subsection 11(1)(a) Surveillance Devices Act 2007 (NT) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nt/num_act/sda200719o2007256/s11.html + Subsection 43, Emergency use of listening device in public interest + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nt/num_act/sda200719o2007256/s43.html + It is an offence to use a listening device to record a private conversation to which the + person is not a party and the device is used without the express or implied consent of + each party to the conversation. Under Section 43, a person may use a listening device to + record a private conversation if at the time of use there are reasonable grounds for + believing the circumstances are so serious and the matter is of such urgency that the use + of the device is in the public interest. + + Queensland: + Subsection 43(2)(a) Invasion of Privacy Act 1971 (Qld) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/iopa1971222/s43.html + A person is guilty of an offence, if the person uses a listening device to record a + private conversation and is liable to a maximum penalty of 40 penalty units or + imprisonment for 2 years. This does not apply when the person using the listening device + is a party to the private conversation. + + South Australia: + Subsection 4(2)(a)(ii) Surveillance Devices Act 2016 (SA) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/sda2016210/s4.html + A person must not knowingly use a listening device to record a private conversation to + which the person is, or is not a party. The maximum penalty is $15 000 or imprisonment + for 3 years. This does not apply if the use of a listening device is done by a party to + the private conversation if the use of the device is reasonably necessary for the + protection of the lawful interests of that person. + + Tasmania: + Subsection 5(3)(b) Listening Devices Act 1991 (TAS) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/lda1991181/s5.html + A person shall not use a listening device to record a private conversation to which the + person is, or is not, a party. This does not apply when the listening device is used to + obtain evidence or information in connection with an imminent threat of serious violence + to persons or of substantial damage to property, or a serious narcotics offence, if the + person using the listening device believes on reasonable grounds that it was necessary to + use the device immediately to obtain that evidence or information. This does not apply if + a principal party to the conversation consents to the listening device being so used and + the recording of the conversation is reasonably necessary for the protection of the + lawful interests of that principal party or the recording of the conversation is not made + for the purpose of communicating or publishing the conversation, or a report of the + conversation, to persons who are not parties to the conversation. + + Victoria: + Subsection 6(1) Surveillance Devices Act 1999 (NSW) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/sda1999210/s6.html + A person must not knowingly use a listening device to record a private conversation to + which the person is not a party. The penalty is up to 2 years imprisonment and up to 240 + penalty units, or both. + + Western Australia: + Subsection 5(3)(d) Surveillance Devices Act 1998 (WA) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/sda1998210/s5.html + Subsection 26(1)(2)(3)(b) + https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/sda1998210/s26.html + A person shall not use a listening device to record a conversation to which that person + is, or is not, a party. The penalty is $5 000 or imprisonment for 12 months, or both. + This does not apply to the use of a listening device by a party to a private conversation + if that principal party consents to its use, as reasonably necessary for the protection + of the lawful interests of that principal party. It is also not applicable in cases where + a person who is a party to a private conversation, or is acting on behalf of a party to a + private conversation, uses a listening device to record said private conversation, + believing that the use of the listening device is in the public interest. + + Summary: + Most states and territories allow to make a recording of your personal conversations + under specific circumstances. The wording of the laws themselves are open to + legal interpretation and can be used against users. Until the laws above are presented + in a more clear way or enough evidence is shown to substantiate how the courts interpret + them when prosecuting private citizens, Australia shall not have call recording enabled. + --> + <country iso="au" allowed="false" /> + + <!-- Enable recording for Bosnia and Herzegovina: + Republika Srpska: + Article 155 - Unauthorized eavesdropping and tone recording. + Paragraph 1 specifically states 'which is not intended for him', which in context means + that a person may record anything which is intended for him or her. Paragraph 2 defines + the creation of a record with the intent to abuse and/or misuse it, or the act of sharing + it with a third party as a criminal offense. + Other Articles that might be relevant: + Article 153, Privacy of letters, telegrams and others. + Article 157, Unauthorized use of Personal Data. + + Federation of Bosnia and Herzegovina: + Article 188, Unauthorized Tapping and Sound Recording, defines the recording of any call + 'which is not intended for public or private knowledge', as a criminal offense. + + Brčko District: + Article 185 of the Criminal Code specifically states 'which was not intended for him', + which in context means that a party may record any call which is indended for said party. + Wiretapping is considered a crime and is criminally punishable. + + Further information: + The Criminal Codes of the legal entities of Bosnia and Herzegovina, namely Republika + Srpska, the Federation of Bosnia and Herzegovina and the Brčko District, can all be found + through the link below. Please note that these three entities currently have separate + laws, due to administrative and/or judicial autonomy. It should be noted that these + different entities have over 15 police forces, each with its own jurisdiction. + https://www.legislationline.org/documents/section/criminal-codes/country/40/Bosnia%20and%20Herzegovina/show + --> + <country iso="ba" allowed="true" /> + + <!-- Enable recording for Belgium: + As stated in the official response below, Belgian law does not consider the recording of + one's personal communications as a punishable offense. Using said recordings in a + fraudulent and/or demeaning way does carry the potential for liability and/or prosecution + by the state. The recording of one's own calls might be regarded as a form of personal data + processing, depending on the specifics of the case. Specific laws and cases are quoted + within the official response. The Belgian municipality of Baarle-Hertog, consisting of a + number of exclaves, has territory which is within the Dutch province of North Brabant, and + as such it may not be within the confines of the Belgian ISO and its inherent laws. + + Official Response by Belgian Minister (QRVA 50 157, pages 20199-20202, 24/02/2003): + https://www.lachambre.be/QRVA/pdf/50/50K0157.pdf + --> + <country iso="be" allowed="true" /> + + <!-- Enable recording for Bulgaria: + Article 32(2) of the Bulgarian Constitution states that it is an inviolable right for + people to not be followed, photographed, recorded (audio and/or video) without being + notified and/or despite his or her explicit disagreement to said actions, except where the + law allows for said actions. The Code of Criminal Procedure, Part III, Articles 125 and + 126, page 34, deal with the use of recordings as evidence. No law explicitly tackles the + issue of consent when recording one's personal telephone calls. Based on the available + documentation and the attached example of lack of state prosecution, recording one's own + calls is not legal, nor is it a criminal offense. Personal recordings are unlikely to be + a valid form of evidence in a court of law. + + Constitution: + https://www.parliament.bg/bg/const + + Code of Criminal Procedure: + https://www.mvr.bg/docs/default-source/normativnauredba/3da73fed-npk-pdf.pdf + + Example of lack of state prosecution: + https://goo.gl/HQPUup + --> + <country iso="bg" allowed="true" /> + + <!-- Enable recording for Brazil: + Call recording is not a criminal offense when it the recording is made by one of the two + parties of said call. Interception by a third party is illegal and punishable by law, + unless done according to the requirements set out in Law 9296. There may be some debate, as + far as the use of a call recording as legitimate evidence. Further information is available + in the attached legal discussions below. + + Law 9296 of the 24th of July 1996: (nonencrypted link) + http://www.planalto.gov.br/ccivil_03/leis/l9296.htm + + Constitution of Brazil, Art 5º, X and XII: + https://www2.camara.leg.br/legin/fed/consti/1988/constituicao-1988-5-outubro-1988-322142-publicacaooriginal-1-pl.html + + Legal discussions: + https://direitosbrasil.com/gravar-conversa-e-crime/ + https://meusitejuridico.com.br/2018/04/02/stj-e-licita-gravacao-de-conversa-feita-pelo-destinatario-de-solicitacao-de-vantagem-indevida + https://moisesandrade.jusbrasil.com.br/artigos/121944095/constitucionalidade-do-uso-da-gravacao-clandestina-como-meio-de-prova + --> + <country iso="br" allowed="true" /> + + <!-- Enable recording for Belarus: + Article 28 of the Constitution of Belarus covers the right to privacy. Article 179 of the + Criminal Code of Belarus covers situations in which a person's privacy is violated by way + of any secret being shared without his or her consent, but no specific term of imprisonment + or fine is mentioned. The wording of the article is aimed at the collecting and sharing of + 'a personal or family secret of another person'. Creating a call recording for personal use + is not covered by this article, as privacy is not inherently guaranteed. The use of call + recordings as evidence in a court of law is dubious. The sharing of a call recording could + be considered as punishable by law, depending on the circumstances. + + Belarusian Constitution: (nonencrypted link) + http://www.pravo.by/pravovaya-informatsiya/normativnye-dokumenty/konstitutsiya-respubliki-belarus + + Belarusian Criminal Code: + https://etalonline.by/?type=text®num=HK9900275#load_text_none_1_ + --> + <country iso="by" allowed="true" /> + + <!-- Enable recording for Canada: + Any intended recipient of a communication is entitled to record it, based on Section 184(2) + Subsection (1) of the Criminal Code of Canada. There are numerous legal cases that validate + the interception of private communications by parties to the conversation as not illegal. + For a more in-depth look, refer to the LegalTree article below. + + Criminal Code: + https://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html + + LegalTree article: + https://legaltree.ca/node/908 + + Legal articles: + https://lambertavocatinc.com/avocat-montreal/enregistrer-conversation-legal/ + https://www.avocat.qc.ca/affaires/iitelephone.htm + --> + <country iso="ca" allowed="true" /> + + <!-- Disable recording for Switzerland: + According to Article 179 of the Swiss Criminal Code of 21 December 1937, it is a criminal + offense to store, record, or share the recording of a call, even when one is part of said + call. Explicit consent is required by both parties for a recording to be legal. + + Criminal Code: + https://www.admin.ch/opc/en/classified-compilation/19370083/index.html#a179ter + --> + <country iso="ch" allowed="false" /> + + <!-- Enable recording for Chile: + The Chilean law is considered a type of civil law, hence judges base their decisions on + their own reading of the law. The Chilean Supreme Court ruled in favor of accepting + one-party consent call recording as a form of legal evidence, hence the act of recording + your own calls is not criminally punishable, as can be seen in the Chilean Penal Code. + + Penal Code: + https://www.leychile.cl/Navegar?idNorma=1984 + + Article on one-party consent: + https://radio.uchile.cl/2018/04/22/grabacion-es-aceptada-como-prueba-en-juicio-por-practicas-antisindicales/ + --> + <country iso="cl" allowed="true" /> + + <!-- Enable recording for China: + No clear definition exists on the matter of call recordings being made by a private + citizen within the Criminal Law of the People's Republic of China. Depending on whether + said call recording was made and/or published with malicious intent, it may or may not be + admissible in court. For further information + + Criminal Law of the People's Republic of China: (nonencrypted link) + http://english.court.gov.cn/2015-12/01/content_22595464.htm + + Supreme People's Court Provisions on Evidence in Civil Procedures: (nonencrypted link) + http://en.pkulaw.cn/display.aspx?cgid=38083&lib=law + --> + <country iso="cn" allowed="true" /> + + <!-- Enable recording for Costa Rica: + One may record one's own calls, as long as they are calls between said person and only one + other party, that is two say two sides. Calls between 3 or more people can not be legally + recorded without all sides agreeing to one person doing so, as long as said person is a + part of the call and not wiretapping or eavesdropping. Recording calls with more than 2 + participants requires the express consent of all other parties. Article 29 of the + Communication Law of 1994 specifies under what circumstances one may or may not do so. + + Communication Law: (nonencrypted link) + http://www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRM&nValor1=1&nValor2=16466&strTipM=FN + + Article: + https://www.laprensalibre.cr/Noticias/detalle/75929/ojo-conversaciones-grabadas-pueden-usarse-como-prueba-en-juicio + --> + <country iso="cr" allowed="true" /> + + <!-- Enable recording for Cyprus: + The Cypriot Penal Code does not explicitly cover the act of wiretapping or recording one's + own calls. Based on this, it is not a criminal offense to record personal calls. Article + 369 of the Cypriot Penal Code states that anyone who knows that another is planning to + commit a criminal offense, yet fails to use any reasonable means to prevent said crime, is + guilty of misconduct, which can be used as a reason for recording one's own calls, should + the need arise to quote a legal document. + + Penal Code: (nonencrypted link) + http://www.cylaw.org/nomoi/enop/non-ind/0_154/index.html + --> + <country iso="cy" allowed="true" /> + + <!-- Enable recording for Czech Republic: + Case Law File Number 21 502/2000 of the Supreme Court specifies that even when evidence is + acquired or provided in contravention to legal regulations and/or personal rights, it shall + not be deemed as inadmissible. This, as well as other information, is accessible in the + Constitutional Court Finding 191/05 of the 13th of September 2006. + + Constitutional Court Finding: + https://nalus.usoud.cz/Search/GetText.aspx?sz=1-191-05_2 + --> + <country iso="cz" allowed="true" /> + + <!-- Disable recording for Germany: + According to Section 201 of the German Criminal Code - Violation of the privacy of the + spoken word, making an audio recording of the privately spoken words of another or making + such a recording accessible by a third party will result in up to three years of + imprisonment. Article 10 of the German Constitution explicitly states that the secrecy of + telecommunications is inviolable. There are notable exceptions, such as the use of + recordings when in a legitimate self-defense situation. Article 227 of the German Civil + Code notes that acting in one's own defense is not unlawful, which is also explained in + Article 32 of the German Criminal Code. Article 88 of the Telecommunications Act defines + telecommunications secrecy. The German municipality of Büsingen am Hochrhein is an exclave + within the territorial confines of Switzerland, and as such it may not be within the + confines of the German ISO and its inherent laws. + + Civil Code: + https://www.gesetze-im-internet.de/bgb/__227.html + + Criminal Code: + https://www.gesetze-im-internet.de/stgb/__32.html + + Constitution: + https://www.gesetze-im-internet.de/gg/art_10.html + + Telecommunications Act: + https://www.gesetze-im-internet.de/tkg_2004/__88.html + + Wikipedia article on self-defense laws in Germany: + https://de.wikipedia.org/wiki/Notwehr_(Deutschland) + + Explanation of lawful use of a recording in a legal dispute: + https://www.anwalt.de/rechtstipps/gespraechsmitschnitte-als-beweismittel-ungeeignet_057458.html + --> + <country iso="de" allowed="false" /> + + <!-- Enable recording for Denmark, Faroe Islands and Greeenland: + Chapter 27, Article 263(3) of the Criminal Code of Denmark denotes that a person is liable + for criminal punishment when he or she intercepts or records telephone conversations to + which he or she is not a party. The articles in Chapter 27 cover a lot of different + situations, including the dissemination of recordings, which may lead to a fine or prison + sentence. The act of recording a conversation that one is a part of is not covered + explicitly, hence it is not a criminal offense in the eyes of the law. + + Criminal Code: + https://www.retsinformation.dk/Forms/r0710.aspx?id=164192#Kap27 + --> + <country iso="dk,fo,gl" allowed="true" /> + + <!-- Enable recording for Estonia: + Recording your calls for personal use is not a criminal offense. Sharing said calls with a + third party is a criminal offence, hence punishable by law, except in cases where said + calls are shared by a journalist. + + Constitution, Paragraph 43: + https://www.pohiseadus.ee/index.php?sid=1&p=43 + + Instructions for call recording (GDPR equivalent): + https://www.aki.ee/sites/www.aki.ee/files/elfinder/article_files/Telefonik%C3%B5nede%20salvestamise%20lubatavuse%20juhend.pdf + + Legal article: + https://digi.geenius.ee/rubriik/uudis/millistel-juhtudel-tohib-eestis-telefonikone-salvestada-ja-selle-sisu-avaldada/ + --> + <country iso="ee" allowed="true" /> + + <!-- Enable recording for Spain: + Based on the decision of the Spanish Constitutional Tribunal of November the 29th, 1984, it + is legal for a party to record his or her calls without notifying the other party. Sharing + said recording with a third party is not protected and may make the party that has shared + the recording liable to a civil suit, to be initiated by the aggrieved party. Unless done + so for judicial purposes, it is punishable to disclose or share the recording or the gist + of the recording to other parties. The town of Llívia is a Spanish exclave within the + territory of the Republic of France, and as such, it may not be within the confines of the + Spanish ISO and its inherent laws. + + Decision of the Spanish Constitutional Tribunal: + https://hj.tribunalconstitucional.es/eu/Resolucion/Show/367 + + Legal articles: (nonencrypted link) + http://belegal.com/blog-by-antonio-flores/validity-of-recorded-telephone-conversations-in-spain/ + https://www.fonvirtual.com/blog/la-grabacion-de-llamadas/ + https://www.legalisconsultores.es/2014/04/es-legal-realizar-grabaciones-su-aportacion-en-juicios/ + --> + <country iso="es" allowed="true" /> + + <!-- Enable recording for Finland: + As a private citizen, one may record any call they participate in. There is no requirement + to make other parties aware of the recording, but the use of said recordings, depending on + their content, may be subject to various laws, such as data protection (privacy) + legislation, libel laws, laws governing trade and national secrets, non-disclosure + agreements and so on. + + Bureau of Data Ombudsman: + https://web.archive.org/web/20180517050133/http://www.tietosuoja.fi/sv/index/useinkysyttya/puheluidennauhoittaminen.html + --> + <country iso="fi" allowed="true" /> + + <!-- Enable recording for France, Saint Barthélemy, French Guayana, Guadeloupe, Saint Martin, + Martinique, New Caledonia, French Polynesia, Saint Pierre & Miquelon, + Réunion, Wallis-et-Futuna and Mayotte: + While recording calls without consent, as a third party, is punishable, it depends on + whether said recording was created or used with a malicious intent. Judges are free to view + said recordings as a form of evidence and base their final decisions with their help. + Recording your own calls as a private citizen is not a criminal offense. Sharing said + recordings, with the intent to harm the other party in any way, is a criminal offense. + + Penal Code: + https://www.legifrance.gouv.fr/affichCode.do;jsessionid=3E84EAC0F63D49FC16A28B8D90EFF1D2.tplgfr44s_2?idSectionTA=LEGISCTA000006165309&cidTexte=LEGITEXT000006070719&dateTexte=20150413 + + Civil Code: + https://www.legifrance.gouv.fr/affichCode.do;jsessionid=1A7384A63066DBE1E1D8C732E698F844.tplgfr23s_3?idSectionTA=LEGISCTA000006117610&cidTexte=LEGITEXT000006070721&dateTexte=20190606 + + Legal article on call recordings as evidence: + https://www.annuaireavocats.fr/articles/enregistrer-une-conversation-a-linsu-dune-personne-est-ce-legal + + Legal article on recording in the workplace: + https://www.cnil.fr/fr/lecoute-et-lenregistrement-des-appels-sur-le-lieu-de-travail + --> + <country iso="fr,bl,gf,gp,mf,mq,nc,pf,pm,re,wf,yt" allowed="true" /> + + <!-- Enable recording for United Kingdom: + Recording one's own calls is not a criminal offence and is not prohibited. As long as the + recording is for personal use, consent and/or notification of the other party are not + required. Call recordings can be used as evidence, since it is based on a trite law. + Sharing said call recordings with a third party, without consent, may be a criminal offence + and punishable. + + Use as evidence (p. 3): + https://www.bailii.org/uk/cases/UKPC/1954/1954_43.pdf + + Legal articles: + https://www.computertel.co.uk/article?ref=Call-Recording-Law-in-the-UK-2018-edition + https://www.dma-law.co.uk/is-it-illegal-to-record-conversations/ + --> + <country iso="gb" allowed="true" /> + + <!-- Enable recording for Georgia: + The Constitution of Georgia, Chapter Two - Fundamental Human Rights, Article 15(2) states + that personal communication(s) are inviolable and that said right may only be restricted in + accordance with the law, to ensure national security or public safety, or to protect the + rights of other parties, insofar as it is necessary in a democratic society, based on a + court decision or without a court decision in cases of urgent necessity, as provided by the + law. Articles 157, 158 and 159 of the Criminal Code of Georgia deal with the disclosure of + private information, personal data, the violation of the secrecy of private communication + and the violation of secrecy of personal correspondence, phone conversations or other kinds + of communication. The document does not specify a situation in which one side of a + conversation records without the other side's knowledge or consent, thus the act of + recording one's conversations is in a legally gray area. All of the above articles + explicitly note that no criminal liability can be incurred if the gathered information is + submitted to investigative authorities. + + Constitution: + https://matsne.gov.ge/en/document/view/30346?publication=35 + + Criminal Code of Georgia: + https://matsne.gov.ge/en/document/view/16426?publication=187&scroll=62067 + --> + <country iso="ge" allowed="true" /> + + <!-- Enable recording for Greece: + Section 2 of Article 370A of the Greek Penal Code bans it, subarticle 4 offers exceptions + when no other evidence is present. Decision 53/2010 of the Supreme Criminal Court limits + evidence submitting to third parties that found the recording 'by accident'. Decision + 277/2014 of the Supreme Criminal Court acquitted a guilty party and deemed the presented + recordings admissable. Article 25 of the Penal Code states that, any action is not illegal + if it was done so to protect the property or safety of oneself or of another party, + provided that the crime of sharing the recording is a lesser one in comparison. + + Legal discussion: + https://uk.practicallaw.thomsonreuters.com/w-010-1738 + --> + <country iso="gr" allowed="true" /> + + <!-- Enable recording for Croatia: + Article 143 of the Croatian Criminal Code, Paragraph 1 notes that the recording of another + person's privately uttered words is a criminal offense, when said words are not 'intended + for his or her attention' and could lead to imprisonment not exceeding three years. + Paragraph 2, which holds the same punishment, indicated that situations in which the + recording, its transcription or the 'gist' of said recording being shared as an equal + crime. Paragraph 4 states that there is no criminal offence if said acts are committed in + 'the public interest or another interest prevailing over the interest to protect the + privacy of the person being recorded or eavesdropped on'. Prosecution is made per request + and the state does not initiate it, which renders the matter to the level of a civil case + and not to that of a criminal case. + + Croatian Criminal Code: + https://www.legislationline.org/documents/section/criminal-codes/country/37/Croatia/show + --> + <country iso="hr" allowed="true" /> + + <!-- Enable recording for Hungary: + Sections 413 and 418 define the Breach of Trade and/or Business Secrecy as a criminal + offense. There is no mention of wiretapping and/or eavesdropping as a criminal offense. + The Hungarian Data Protection and Freedom of Information Agency (DPA) created a Guidance in + 2016, for cases concerning situations which include an individual as one side of the + conversation, and a data processing entity as the other side. This guidance should not be + considered relevant, as it does not deal with the communications of individuals. No + pertinent articles or paragraphs were found in the Hungarian Criminal Code, which in effect + equates to there being no punishment for the recording of personal calls. + + DPA 2016 Guidance: + https://www.naih.hu/files/2016_05_09_tajekoztato_hangfelvetelekrol.pdf + + Hungarian Criminal Code: + https://www.legislationline.org/documents/section/criminal-codes/country/25/Hungary/show + --> + <country iso="hu" allowed="true" /> + + <!-- Disable recording for Indonesia: + Based on Article 26 of both Law Number 11 of 2008 and its revision, Law Number 19 of 2016, + call recording is defined on its own and requires one to obtain consent from the other + party when recording calls, although it can be used as a form of evidence. Whether + recording another person without his or her consent is a criminal offense that is + prosecuted by the country itself is not clear and further information should be gathered by + a native speaker. + + Law 11 of 2008 (first file): + https://www.hukumonline.com/pusatdata/detail/27912/nprt/1011/uu-no-11-tahun-2008-informasi-dan-transaksi-elektronik + + Law 19 of 2016: + https://jdih.kominfo.go.id/produk_hukum/view/id/555/t/undangundang+nomor+19+tahun+2016+tanggal+25+november+2016 + --> + <country iso="id" allowed="false" /> + + <!-- Enable recording for Ireland: + The Irish Constitution does not specifically state a right to privacy. Subsection (6) of + section 98 of the Interception of Postal Packets and Telecommunications Messages + (Regulation) Act of 1993 defines interception of a call in such a way, that deems the + recording of a call by one party to the call legal. Whether said call recording can be used + as evidence or infringes upon a person's privacy is a complicated matter that can only be + decided on a case-by-case basis. Subsection (2) of section 98 goes on to elabore on cases + in which call recordings are legal, such as in the interests of the security of the State + (c), for the prevention or detection of crime or for the purpose of any criminal + proceedings (b) and others. + + Telecommunications Messages Act of 1993: (nonencrypted link) + http://www.irishstatutebook.ie/eli/1993/act/10/enacted/en/print.html + + Legal discussions: + https://www.mhc.ie/latest/insights/big-brother-is-watching-but-is-he-listening-too + https://www.irishtimes.com/news/crime-and-law/q-a-what-are-the-legal-implications-1.1740070 + --> + <country iso="ie" allowed="true" /> + + <!-- Enable recording for Israel and Palestine: + Israeli law specifies that call recording is illegal and punishable when neither party in + said conversation is aware of said act of recording. Either party in a conversation can + record his or her calls without being legally required to inform the other party. + Due to legal ambiguity, it is currently impossible to determine which set of laws should be + taken under consideration when recording personal calls within the Palestinian territories. + This is relevant as the Occupied Palestinian Territory makes use of the Mobile Country Code + registered to Israel. Palestine's ISO is set as disabled, since if it is in use there is no + legal way to determine which set of laws are being used, due to the differing laws used + in parts of it. + + The Wiretapping Law, 5739-1979: + https://www.nevo.co.il/law_html/law01/077_001.htm + + Information on State of Palestine: + https://en.wikipedia.org/wiki/Palestinian_law#Statutes_and_legislation + + News articles: + https://www.globes.co.il/news/article.aspx?did=1001066185 + https://www.ynet.co.il/articles/0,7340,L-3043583,00.html + --> + <country iso="il" allowed="true" /> + <country iso="ps" allowed="false" /> + + <!--Enable recording for India: + No clear definition exists on the matter of call recordings being made by one side. + Depending on whether said call recording was made and/or published with malicious intent, + it may or may not be admissible in court, and/or punishable by law. There are a number of + precedents and legal definitions, which are available below. + + Legal discussion: + https://copyright.lawmatters.in/2012/02/recording-telephonic-conversations.html + --> + <country iso="in" allowed="true" /> + + <!-- Disable recording for Iceland: + According to the Electronic Communications Act, No. 81, recording one's own telephone + conversations without notifying the other party can make the recording party liable to + fines or imprisonment of up to six months in the case of serious or repeated violations, as + explicitly stated in Article 74. Article 48 covers the Recording of telephone calls and + states that the party to a telephone conversation that wishes to record said conversation + shall, when it commences, notify the opposite party of his or her intent to do so. This is + not required when the opposite party can clearly be assumed to be aware of the recording. + + Electronic Communications Act: + https://www.government.is/Publications/Legislation/Lex/?newsid=86c9a6a9-fab5-11e7-9423-005056bc4d74 + --> + <country iso="is" allowed="false" /> + + <!-- Enable recording for Iran: + Based on Article 25 of the Iranian Constitution, recording one's own calls, as a private + citizen for archival reasons, is not illegal. The sharing of said recordings with a third + party is forbidden based on the aforementioned legal document. According to Article 730 of + the Iranian Cybercrime Law, wiretapping a call which can be defined as non-public is a + crime and may lead to a punishment in the form of imprisonment for a period of six months + to two years, or a fine of ten to forty million rials, or both. There is currently no + punishment for the act of recording one's own calls in the Iranian Penal Code, thus the act + itself is not criminally punishable. Sharing said recordings in a way that causes injury to + the other party might be criminally punishable. Caution is advised, due to the geopolitical + situation surrounding the Islamic Republic of Iran. + + Constitution: + https://www.wipo.int/edocs/lexdocs/laws/en/ir/ir001en.pdf + Penal Code of 2013 (in Persian): + https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5447c9274 + Cybercrime Law (in Persian): + https://www.cyberpolice.ir/page/42981 + Legal article (in Persian): + https://www.irna.ir/news/83268974/%D8%B6%D8%A8%D8%B7-%D9%85%D9%83%D8%A7%D9%84%D9%85%D9%87-%D8%AA%D9%84%D9%81%D9%86%DB%8C-%D8%AC%D8%B1%D9%85-%D9%86%DB%8C%D8%B3%D8%AA + --> + <country iso="ir" allowed="true" /> + + <!-- Enable recording for Italy and Vatican City State: + It is not illegal to record a conversation, as parties to calls automatically accept the + risk that a call may be recorded. Making a recording available to other parties is a + criminal offense, when done so for reasons other than protecting either one's own rights or + other parties' rights. Articles 23 and 167, in the Privacy Code, deem that the crimes + provided for therein are punishable only if said acts result in harm. According to the + Supreme Court of Cassation, recorded conversations are legal and can be used as evidence in + court, even if the other party is unaware of being recorded, provided that it is not + recorded by a third party. The Italian comune of Campione d'Italia features an exclave, + situated within the Swiss canton of Ticino, and as such it may not be within the confines + of the Italian ISO and its inherent laws. + + Legal articles: + https://www.altalex.com/index.php?idnot=53369 + https://web.archive.org/web/20161011100301/http://notizie.tiscali.it/socialnews/articoli/polimeni/13230/registrare-di-nascosto-per-la-cassazione-e-legale/ + --> + <country iso="it,va" allowed="true" /> + + <!-- Enable recording for Japan: + Recording one's own calls is neither a criminal offense, nor illegal. Wiretapping and + leaking information gained from a recording is illegal and may be criminally punishable. + Recording as a third party is a criminal offense, when done so without the consent of at + least one party to the conversation. Recordings obtained without consent from both sides + will not be admitted as evidence in a criminal case, but are admitted as such in most civil + cases, unless it was obtained in a method, which the court deems as unacceptable. If the + recording infringes one's personal rights or discloses trade secrets, sharing said + recording might lead to civil cases. In work-related instances, one may record and divulge + information under the protection of the Whistleblower Protection Act of 2004. The Supreme + Court of Japan's Decision of the 12th of July 2000, case number 1999 (A) 96, was in favor + of admitting a tape recording as evidence, which was made by one party to a conversation, + without the other party's consent. + + Whistleblower Protection Act: (nonencrypted link) + http://drasuszodis.lt/userfiles/Japan%20Whistleblower%20Protection%20Act.pdf + + Decision of the Supreme Court of Japan: (nonencrypted link) + http://www.courts.go.jp/app/hanrei_en/detail?id=494 + + Legal articles: (nonencrypted link) + https://www.moneypost.jp/292939 + https://president.jp/articles/-/15666 + https://www.hrpro.co.jp/trend_news.php?news_no=636 + https://kumaben.com/recording-audio-without-consent/ + https://www.mot-net.com/blog/efficiency-of-operations/6737 + https://milight-partners-law.hatenablog.com/entry/2015/08/31/152333 + + Legal discussion: + https://blogs.yahoo.co.jp/unyieldingspirit2007/24529523.html + --> + <country iso="jp" allowed="true" /> + + <!-- Enable recording for South Korea: + According to Article 3(1) of the Protection of Communications Secrets Act, it is forbidden + to wiretap, record or listen to any conversation between other parties. Article 4 defines + recordings obtained by way of illegal recording or wiretapping as inadmissible, hence they + can not be used as evidence in a trial or disciplinary procedure. Article 14 goes on to + specify that no person shall record a conversation between other parties, that is not + public, or listen to said parties' conversation through the use of electronic or mechanical + devices. Definitions of recording, wiretapping and other such terms may be found in Article + 2. The Protection of Communications Secrets Act clearly defines that recording is not legal + when done by a third party, but does not specifically discuss whether whether both parties + to a conversation need to agree to a recording. Since there is no penalty listed, recording + one's own conversations should be in, at worst, a gray area that should still not make the + act punishable. Similarly, whether recordings made without consent can be used as evidence + is legally unclear. + + Protection of Communications Secrets Act: + https://elaw.klri.re.kr/kor_service/lawView.do?hseq=31731&lang=ENG + --> + <country iso="kr" allowed="true" /> + + <!-- Enable recording for Liechtenstein: + Recording a call between an organization and an individual is illegal, when done without + notification and/or consent. Recording a call between individuals is illegal and punishable + when transmitting said recording or information to a third party, and/or when the person + that initiates the recording is not part of the conversation. This means that recording a + call when you are one of the two parties is legal, even without notifying the other party. + Legal action must be initiated by the aggrieved party. The following is defined in Article + 120 of the Criminal Code of 24 June 1987 (StGB), points 1, 2, 2a and 3. Article 100 of the + Constitution may be pertinent to use of call recordings as evidence. + + Criminal Code of 24 June 1987 (StGB): + https://www.regierung.li/media/medienarchiv/311_0_11_07_2017_en.pdf. + + Constitution: + https://www.regierung.li/media/medienarchiv/101_01_01_2012_en.pdf?t=2. + --> + <country iso="li" allowed="true" /> + + <!-- Enable recording for Sri Lanka: + Part IV/59 of the Sri Lankan Telecommunications Act defines the penalty for eavesdropping + on a call. The Sri Lankan Penal Code does not cover the act of recording one's own calls, + hence the act is not criminally punishable. + + Telecommunications Act: + https://www.lawnet.gov.lk/1947/12/31/sri-lanka-telecommunications-2/ + + Penal Code: + https://www.lawnet.gov.lk/penal-code-consolidated-2/ + + Article: (nonencrypted link) + http://www.dailymirror.lk/article/PTL-tampered-with-phone-recording-system-ASG-135574.html + --> + <country iso="lk" allowed="true" /> + + <!-- Enable recording for Lithuania: + Article 166 of the Lithuanian Criminal Code defines that violations of a person's + correspondence, by unlawfully wiretapping a person's conversations as a criminal offense, + which could lead to a term of imprisonment of up to two years, a fine or community service. + The wording of said article is unclear and only mentions electronic communication networks + and recording and/or wiretapping as a third party, and not as one of the two parties. + Article 61 of the Law on Electronic Communications defines confidentiality of + communications, as far as situations like those covered by GDPR, as in the handling of + information between individuals and legal entities, and should therefore not be taken into + account. + + Lithuanian Criminal Code: + https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=q8i88l10w&documentId=a84fa232877611e5bca4ce385a9b7048&category=TAD + + Lithuanian Law on Electronic Communications: + https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=-wd7z7kkgy&documentId=05cd4e020f0a11e7b6c9f69dc4ecf19f&category=TAD + --> + <country iso="lt" allowed="true" /> + + <!-- Enable recording for Luxembourg: + The Luxembourgish Penal Code does not specifically cover the right to privacy and its + infringement. Based on this, it is not a criminal offense to record one's personal calls, + although doing so in a public manner may lead to a civil case from the aggrieved party. One + should consult further with a lawyer whether sharing said recording or recordings would + constitute a criminal offense. + + Penal Code: (nonencrypted link) + http://legilux.public.lu/eli/etat/leg/code/penal/20181101 + --> + <country iso="lu" allowed="true" /> + + <!-- Enable recording for Latvia + There is no clear definition of call recording by itself within the Criminal Law of Latvia. + Article 144 of said law covers breach of information secrecy, when said information is in + the form of correspondence or data relayed by way of electronic communications networks. + Paragraph (1) defines the punishment for violating the secret of a person's correspondence + as a term of imprisonment for up to two years, or a fine, or others. In a 2014 + e-Consultation, the Deputy Head of the Public Relations Department of the State Police, + Tom Sadovsky, defined the recording of calls with the intent to use as evidence as legal. + The Personal Data Protection Law does not apply, as it considers the communication between + individuals and legal entitites. + + Latvian Criminal Law: + https://likumi.lv/doc.php?id=88966 + + Latvian Personal Data Protection Law: + https://likumi.lv/doc.php?id=4042 + + Legal consultation: + https://lvportals.lv/e-konsultacijas/4460-sarunas-drikst-ierakstit-2014. + --> + <country iso="lv" allowed="true" /> + + <!-- Enable recording for Morocco: + Call recording is not punishable as one side of a two-party conversation. Recordings are + not admissible in court, if the other party is not aware of the recording. Article 447 of + the Criminal Law of Morocco, states that the premeditated and unconsented publication of + video and/or audio files is a punishable offense. + + Personal Data Law 09-08: + https://www.afapdp.org/wp-content/uploads/2018/05/Maroc-Loi-09-08-relative-a-la-protection-des-personnes-physiques-a-legard-du-traitement-des-DCP-2009.pdf + + Moroccan Criminal Law: + https://www.h24info.ma/maroc/la-loi-sur-la-protection-des-donnees-personnelles-entre-en-vigueur-le-13-septembre/ + --> + <country iso="ma" allowed="true" /> + + <!-- Disable recording for Monaco: + According to the Penal Code of Monaco, Article 308-2, a person may be punished with a + prison sentence of six months to three years, as well as a fine, for infinging or + attempting to infringe on a person's rights to privacy. This includes wiretapping, + recording or transmitting the words spoken by a person in a private place. Consent will be + presumed when such an action is done during a meeting, with the knowledge of the person + that is being recorded. Article 344 of the Penal Code mentions the same punishment for + purposeful wiretapping. + + Penal Code: + https://www.legimonaco.mc/305/legismclois.nsf/ViewCode!OpenView&Start=1&Count=300&RestrictToCategory=CODE%20P%C3%89NAL + --> + <country iso="mc" allowed="false" /> + + <!-- Enable recording for Moldova: + Article 30 of the Constitution of Moldova ensures the privacy of correspondence. No + specific law has been enacted that defines recording calls, as an individual, as a criminal + offense. There are laws which define this for legal entities and for the government. Please + read the attached legal discussion for further information on the subject. + + Constitution of Moldova: + https://www.presedinte.md/eng/constitution + + Code of Criminal Procedure: + https://www.seepag.info/download/rep_moldova/Criminal%20Procedure%20Code%20RM.pdf + + Regulations for legal entities: + https://www.anrceti.md/files/filefield/hca%20nr.48%20din%2010.09.2013%20regulam%20priv%20serv%20CE.pdf + + Legal discussion: + https://jsa.md/2017/02/06/inregistrarea-convorbirilor-telefonice-cit-de-legala-este/ + --> + <country iso="md" allowed="true" /> + + <!-- Enable recording for Montenegro: + Article 173 of the Criminal Code of Montenegro marks call recording as legal if the content + of the conversation was 'intended for your use'. It is also legal when it concerns the + prevention of crimes, which carry a sentence of 5 years minimum. Sharing a conversation to + a third party is a criminal offense. + + Criminal Code of Montenegro: + https://www.pravda.gov.me/ResourceManager/FileDownload.aspx?rid=256001&rType=2&file=Krivi%C4%8Dni%20zakonik%20Crne%20Gore.pdf + --> + <country iso="me" allowed="true" /> + + <!-- Enable recording for North Macedonia: + As stated in the Macedonian Penal Code, if the recording is made available to a third party + or is created and/or distributed with a malicious intent, then the other party can sue you. + The state does not prosecute in such cases, unless the act is done by an official state + representative of any kind, as mentioned in 151.4 and 151.5. + + North Macedonian Penal Code: + https://www.wipo.int/edocs/lexdocs/laws/mk/mk/mk018mk.pdf + --> + <country iso="mk" allowed="true" /> + + <!-- Enable recording for Malta: + Relevant laws and/or legal precedents: + Article 34 (1)(f) of the Maltese Constitution states that a person may be deprived of his + rights in the case of there being suspicion of said person having commited, or being in the + process of committing a crime. Effectively this means that recording your own calls is + legal when done so to report a crime. There is no mention of the act of recording one's own + calls in the Maltese Criminal Code, which means that even if it were to be illegal, it is + not a criminal offense. The Media and Defamation Act of 2018 handles all cases of + defamation, which may or may not include the act of publishing one's call recordings + without the knowledge or consent of the other concerned party. + + Constitution: (nonencrypted link) + http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8566&l=1 + + Criminal Code: (nonencrypted link) + https://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8574&l=1 + + Media and Defamation Act: (nonencrypted link) + http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29045&l=1 + --> + <country iso="mt" allowed="true" /> + + <!-- Enable recording for Netherlands, Bonaire, Sint Eustatius, Saba, Sint Maarten, Curaçao, + Aruba: + Recording one's own conversations without the consent of the other party or parties is not + in itself punishable by law. Sharing recordings made without consent is punishable in the + form of a libel case. This in effect means that the government shall not prosecute anyone + for the recording of calls. Call recordings may be used as evidence in criminal and civil + cases. + + Legal discussion: + https://blog.wetrecht.nl/telefoongesprekken-opnemen-als-bewijs-kan-dat + --> + <country iso="nl,bq,sx,cw,aw" allowed="true" /> + + <!-- Enable recording for Norway: + As a private citizen, one may record any call that they participate in. There is no + requirement to make other parties aware of the recording, but the use of said recording(s), + depending on the content, may be subject to various laws, such as data protection (privacy) + legislation, libel laws, laws governing trade and national secrets, non-disclosure + agreements and so on. It is, however, prohibited to record calls without the permission of + the other party or parties, if you are making the call on behalf of a company or + organization. All of the above is outlined in Article 205 of the Norwegian Penal Code. + + Penal Code: + https://lovdata.no/dokument/NL/lov/2005-05-20-28/KAPITTEL_2-6#§205 + + Legal article: + https://www.datatilsynet.no/regelverk-og-verktoy/veiledere/lydopptak/ + --> + <country iso="no" allowed="true" /> + + <!-- Enable recording for New Zealand: + According to the Crimes Act of 1961, Public Act 216B, Articles 1 and 2(a), anyone is liable + to imprisonment for a term not exceeding 2 years for intentionally intercepting any private + communication, unless he or she is a party to that private communication. Public Act 216C, + subsections (1) and (2) define the prohibition on disclosure of unlawfully intercepted + private communications. The recording of one's personal conversations and their publishing + or use as evidence without the other party's consent is not explicitly forbidden, nor is it + defined as a criminal offense. + + Crimes Act of 1961, Part 9A, Crimes against personal privacy: (nonencrypted link) + http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html#DLM329802 + --> + <country iso="nz" allowed="true" /> + + <!-- Enable recording for Peru: + The Peruvian Constitution states that people own their own voice and images. If said images + or recordings are made for archival purposes, it is allowed. While wiretapping is illegal, + it has been used as legal evidence in a court of law. As long as one of the persons talking + agrees to the recording, said recording can be used in a court of law. There may be + exceptions if the communication contains information that may affect third parties, or if + it can be considered as information that should be blocked by medical or legal + confidentiality. + + Wiretapping: + https://diariouno.pe/columna/chuponeo-prueba-prohibida-o-valida/ + + Legal article: + https://laley.pe/art/2679/una-grabacion-no-consentida-puede-ser-prueba-de-un-delito- + + Legality of voice recordings and images: + https://commons.m.wikimedia.org/wiki/Special:MyLanguage/Commons:Country_specific_consent_requirements#Peru + --> + <country iso="pe" allowed="true" /> + + <!-- Enable recording for Poland: + Article 267 of the Polish Penal Code defines call recording as legal for private citizens, + when the recording is made by a party to the call. + + Penal Code: + https://supertrans2014.files.wordpress.com/2014/06/the-criminal-code.pdf + + Legal articles: + https://www.alfatronik.com.pl/info/nagrywanie-rozmow-legalne/ + https://bezprawnik.pl/legalnosc-nagrywania-rozmowy/ + --> + <country iso="pl" allowed="true" /> + + <!-- Disable recording for Puerto Rico: + Title Thirty-three of the Penal Code of 2004, Subtitle 5, Special Provisions, Part I: + Crimes Against the Person, Chapter 301: Crimes Against Civil Rights, Subchapter II: Crimes + Against the Right to Privacy, 33 L.P.R.A § 4809 defines the recording of a private personal + conversation, without the express authorization of all parties involved in it, as a + misdemeanor. This, in effect, means that recording a phone call as one of the two parties + is a criminal offense if done so without the explicit notification and consent of the other + party. This territory of the United States conforms with its State Laws. For further + information, check 'us'. + + 33 L.P.R.A. § 4809. Recording of communications by a participant: + https://bit.ly/2UqbrRC + --> + <country iso="pr" allowed="false" /> + + <!-- Disable recording for Portugal: + Privacy is a fundamental right in Portuguese law, as it is defined in Articles 26(1) and 34 + of the Portuguese Constitution. Infringing on said rights constitutes a crime, as defined + in Articles 192(1), 194(2) and 199(1) of the Portuguese Penal Code. The punishment is + imprisonment for a period of up to one year or a fine equaling 240 days of pay, either of + which may be increased by a third, based on Article 197. Lower courts and Higher courts + have been ruling both for and against recording one's own calls, no matter the reason, and + there have been numerous cases of exceptions being made, despite what the law says. A + complaint has been lodged with the European Court of Human Rights, which may lead to a + reversal in the current laws and prohibitions. It is noteworthy that in one case, the + Supreme Court rendered a decision, which can be translated as such: "The protection of + speech that embodies criminal practices or the image that portrays them must yield to the + interest of protecting the victim and the efficiency of criminal justice: protection ends + when what is protected is a crime." + + Constitution: + https://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx + + Penal Code: (nonencrypted link) + http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?artigo_id=109A0199&nid=109&tabela=leis&pagina=1&ficha=1&nversao= + + Examples of privacy as a fundamental right: (nonencrypted link) + http://www.dgsi.pt/jtrg.nsf/86c25a698e4e7cb7802579ec004d3832/ab509203321d898d802579ea00576d95?OpenDocument + http://www.dgsi.pt/jtre.nsf/134973db04f39bf2802579bf005f080b/be3732dc1664576d8025836100514c19 + + Examples of exceptions: (nonencrypted links) + https://portal.oa.pt/comunicacao/imprensa/2017/11/12/tribunais-aprovam-videos-de-telemovel-apesar-da-legislacao/ + http://www.dgsi.pt/jtrp.nsf/-/CC3190F093E769FC80257F69004D9E7B + http://www.dgsi.pt/jtrl.nsf/0/44ed8c6ca2d940d580256f250052bfd8 + + Complaint to ECHR: + https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-184193%22]} + + Quoted Supreme Court Case: (nonencrypted link) + http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/25cd7aa80cc3adb0802579260032dd4a?OpenDocument + + Legal alternatives: (nonencrypted links) + http://www.dgsi.pt/jtrc.nsf/c3fb530030ea1c61802568d9005cd5bb/c5bb36d9a0470bdd80257b400048f9f2?OpenDocument + http://www.dgsi.pt/jtrg.nsf/86c25a698e4e7cb7802579ec004d3832/ff947b8a3fda778780257c0000478b5a + --> + <country iso="pt" allowed="false" /> + + <!-- Enable recording for Romania: + The Telecommunications Act (506/2004) states that the recording of a conversation by a + party to that conversation is permitted and not a criminal offense. Nevertheless, while + such recordings are legal, making use of them may fall subject to further civil or criminal + laws. Admissibility as evidence depends on how the recording was obtained. + + Telecommunications Act: (nonencrypted link) + http://legislatie.just.ro/Public/DetaliiDocument/56973#id_artA88_ttl + + Civil Procedure Code: + https://www.dreptonline.ro/legislatie/codul_procedura_civila_consolidat.php + + Criminal Procedure Code: + https://www.dreptonline.ro/legislatie/codul_procedura_penala_2007.php + + Legal article: + https://www.dsclex.ro/coduri/cciv2.htm + --> + <country iso="ro" allowed="true" /> + + <!-- Enable recording for Serbia: + Article 143 of the Serbian Penal Code covers unauthorized wiretapping and recordings. While + it is criminally punishable to share call recordings or wiretap them, the law specifically + states recording is only punishable when said recording is 'not meant for him/her', hence + it is legal to record your own calls, but not to share them with third parties. + + Serbian Penal Code: + https://www.paragraf.rs/propisi/krivicni_zakonik.html + --> + <country iso="rs" allowed="true" /> + + <!-- Enable recording for Russia: + Recording a phone call when not one of the two parties participating in said call is + illegal and punishable by law. As a party to a phone call, one may record it without + notifying the other side, as is evident in the decision of the Supreme Court of Russia for + case 35-KG16-18, which was rendered on the 6th of December 2016. This concerns civil cases + between two private citizens. Whether this covers cases involving legal entities or people + holding a public position has not been researched. The key laws to consider are the Federal + Law of 27th July 2006, N 149-FZ, (amended on 18th March 2019) "Information, Information + Technologies and Information Security" - Article 9, Subarticle 8, as well as the Civil + Procedure Code of 2002, N 138-FZ (amended on the 27th December 2018), article 55. Citations + of other pertinent laws may be found in the linked decision, starting at internal document + page number 4. + + Supreme Court of Russia, Decision on case number 35-KG16-18: (nonencrypted link) + http://www.supcourt.ru/stor_pdf.php?id=1502686 + + Federal Law of 27th July 2006, N 149-FZ: + https://www.consultant.ru/document/cons_doc_LAW_61798/35f4fb38534799919febebd589466c9838f571b2/ + + Civil Procedure Code of 2002, N 138-FZ: + https://www.consultant.ru/document/cons_doc_LAW_39570/b48406042a309ee368f395fb6f3be1d43c7cbfc2/ + --> + <country iso="ru" allowed="true" /> + + <!-- Enable recording for Sweden: + According to the Swedish Penal Code (Brottsbalken), Chapter 4, 8–9 §§, it is illegal to + make unauthorized recordings of telephone conversations as a third party. A court can grant + permission for law enforcement agencies to tap telephone lines. Anyone participating in the + telephone call may record the conversation. A recording is always admissible as evidence in + a court of law, even when obtained in an illegal way. + + Criminal Code: (nonencrypted link) + https://lagen.nu/begrepp/Olovlig_avlyssning + http://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/brottsbalk-1962700_sfs-1962-700 + --> + <country iso="se" allowed="true" /> + + <!-- Enable recording for Singapore: + Singaporean law does not recognize privacy as a right that can be infringed upon. A party + can not be prosecuted or sued for recording a conversation he or she is a part of. The only + exception is when said recording contains confidential information, in which case the party + may or may not be liable for their actions, if said party makes use of said confidential + information in a way that clearly brings him or her gains of any sort, and/or harms the + other party in any perceivable way. + + Legal discussion: + https://singaporelegaladvice.com/can-i-record-a-conversation-without-consent/ + + Personal Data Protection Act 2012: + https://sso.agc.gov.sg/Act/PDPA2012 + https://www.pdpc.gov.sg/Legislation-and-Guidelines/Personal-Data-Protection-Act-Overview + + Copyright Act, Revised Edition 2006: + https://sso.agc.gov.sg/Act/CA1987 + --> + <country iso="sg" allowed="true" /> + + <!-- Enable recording for Slovenia: + Article 148 of the Slovenian Criminal Code covers the unlawful eavesdropping and sound + recording. Subarticle 1 defines a maximum punishment of no more than one year for the + unlawful eavesdropping or recording of a private conversation by use of special devices, + or directly transmitting said conversation to a third person. This also includes passing on + the gist of said conversation. Subarticle 2 states that recording another person's + statement with the intent to misuse it, without his or her consent, is punishable in the + way postulated in Subarticle 1. Prosecution is initiated by the aggrieved party for + Subarticle 1, while under Subarticle 2 it is initiated upon a private action. Based on + Article 148, it is legal to record one's own calls, when not done so with the intent to + misuse said recordings. Sharing said recordings in any way may be deemed a criminal or + civil offense. + + Criminal Code: + https://www.wipo.int/edocs/lexdocs/laws/en/si/si046en.pdf + --> + <country iso="si" allowed="true" /> + + <!-- Enable recording for Slovakia: + Sections 376 and 377 of the Slovakian Criminal Code cover breach of confidentiality of + spoken utterance and other forms of personal expression and the breach of secrecy of all + types of instruments, recordings and documents. Section 376 states that the breach of + secrecy, by way of disclosing or making available to a third party and/or using it to cause + serious harm to another party, leads to an imprisonment of up to two years. Section 377 + defines breach of confidentiality as the making of an unlawful recording accessible to a + third person or using it in any way that would hinder the other side's rights. This is + punishable with a term of imprisonment of up to two years. + + Slovakian Criminal Code: + https://www.legislationline.org/documents/section/criminal-codes/country/4/Slovakia/show + --> + <country iso="sk" allowed="true" /> + + <!-- Enable recording for Turkey: + Article 132 of Law 5237, the Turkish Penal Code, sets the punishment for violating the + secrecy of communication as six months to two years of imprisonment. If the violation of + secrecy is done in the form of a recording, then the punishment is imprisonment of one to + three years. The act of unlawfully publishing the contents of a communication is + imprisonment of one to three years. Openly disclosing the content of a communication + between oneself and others, without the other party or parties' consent, is imprisonment of + six months to two years. If disclosure is done by way of the press or broadcast, the + punishment is increased by one half. One may listen and record conversations of other + parties, with the consent of at least one party. Doing so without consent is punishable + with imprisonment of two to six months. Article 135 of the Turkish Penal Code defines + punishment in the case of recording personal data and information. It stands to reason that + one may record one's own calls without the consent of the other party, but the act of + sharing those recordings in any way may result in persecution, either in the form of a + criminal or civil case against the party that has recorded his or hew own calls. + + Turkish Penal Code: + https://www.wipo.int/edocs/lexdocs/laws/en/tr/tr171en.pdf + --> + <country iso="tr" allowed="true" /> + + <!-- Enable recording for Ukraine: + Sharing a call recording without consent is a punishable offense, and can not be used as + valid proof in a court of law. Call recordings may be handed over to the authorities, by + one of the two parties without the other party's consent, when a crime is mentioned in the + recording. In such cases the party that handed over the recording is not liable to fines or + punishment, as the authorities will use the recording to initiate an investigation, but not + as proof of a crime. The above information is covered in Articles 31 and 32 of the + Constitution, as well as Articles 163, 182 and 359 of the Criminal Code. + + Constitution of Ukraine: + https://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=254%EA%2F96%2D%E2%F0 + + Ukrainian Criminal Code: + https://www.legislationline.org/documents/section/criminal-codes/country/52 + + Radio Svoboda legal advice page: + https://www.radiosvoboda.org/a/details/28905674.html + + Legal discussion: + https://sklaw.com.ua/ua/news/345_pro_naslidki_zapisu_telefonnoi_rozmovi_rozpovila_advokat_ao_spenser + --> + <country iso="ua" allowed="true" /> + + <!-- Disable recording for United States of America, Guam, the Northern Mariana Islands, the + United States Virgin Islands, Puerto Rico: + Currently federal laws state that call recording is legal. On the other hand, each state + has its own laws which take priority. Most states allow call recording when one sides + agrees, but over 10 require both sides to agree. Since there are no ISO country codes per + state, there is no way to differentiate whether the state you are currently in allows call + recording or not. Due to this, call recording is set as disabled for the United States of + America and some of its territories. These include Guam, the Northern Mariana Islands, the + United States Virgin Islands and Puerto Rico. Until a method for properly differentiating + between states is created, or a law or precedent emerges which would allow call recording + to be legal in all of the USA and its territories, all aforementioned countries and + territories should be set as false. Even if such a method is to be found, there is still + the question of Native American Reservations, territories that have a cumulative size of + over 200 000 square kilometers and might enforce their own set of laws for call recording. + + Two-party consent state laws: + https://recordinglaw.com/party-two-party-consent-states/ + --> + <country iso="us,vi,gu" allowed="false" /> + + <!-- Enable recording for Kosovo: + Article 36 of the Constitution of Kosovo defines the Right to Privacy. Article 202 of the + Criminal Code of Kosovo covers the infringing of privacy in corresepondence and computer + databases, which can be best explained as the act of violating and/or sharing a private + document with another person. Article 203 covers the unauthorized disclosure of + confidential information, when the person disclosing said information is under legal duty + to maintain it as confidential. Said person is not liable when the disclosure of the + confidential information is done so in the interest of the public. Paragraph 4 describes + public interest as the welfare of the general public outweighing the individual interest. + It is also permissible to use this as a defense when the disclosed information involves + plans, preparation or the commission of crimes against the constitutional order or + territorial integrity of the Republic of Kosovo or other criminal offenses that will cause + great bodily injury or death to another person. Article 204 covers the unauthorized + interception of a conversation or statement. Article 205 covers the unauthorized + photographing or video recording of a person 'in his or her personal premises or in any + other place where a person has a reasonable expectation of privacy', with paragraph 4 + offering an exception for liability when the act is done to discover a criminal offence or + the perpetrators of a criminal offence, or to present as evidence to the police, + prosecution or court, and if the photos or recordings are submitted to these authorities. + It is beyond doubt that none of these articles deal with recording personal conversation + between two parties, hence the act of doing so is not explicitly punishable and is not a + criminal offense that would warrant a criminal case. + + Constitution of Kosovo: + https://kuvendikosoves.org/?cid=2,1058 + Criminal Code of Kosovo: + https://assembly-kosova.org/common/docs/ligjet/Criminal%20Code.pdf + --> + <country iso="xk" allowed="true" /> + + <!-- Enable recording for South Africa: + Under the Regulation of Interception of Communications and Provision of + Communication-related Information Act of 2003, 4(1)(a)(b) as well as 16(5)(a)(b), it is + legal for a party of a conversation to record said conversation, when there are reasonable + grounds to believe that said act will prevent a crime, prevent bodily harm, is in the + interest of public safety or one of the other reasons stated in the previously noted + paragraphs. + + Regulation of Interception of Communications Act of 2003: + https://www.gov.za/sites/default/files/gcis_document/201409/a70-02.pdf + --> + <country iso="za" allowed="true" /> + +</call-record-allowed-flags> |