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Is It Illegal to Record Someone in the UK?

By Recording Law Editorial Team8 min read
Is It Illegal to Record Someone in the UK?

Frequently Asked Questions

Is it illegal to record a conversation in the UK without the other person's consent?

No. If you are a party to the conversation and you keep the recording for your own personal use, there is no general UK law against recording it, and the domestic purposes exemption generally takes it outside data protection law. It can become a legal issue if you later share, publish or otherwise process the recording, or if the recording is used to harass someone.

Does the UK require two-party consent to record a call, like some US states?

No. The UK has no general two-party consent requirement for personal recording. A person who is part of a call or conversation can generally record it for their own personal use without the other party agreeing first. Organisations recording calls, such as businesses, are subject to separate data protection and telephony rules.

Can I record my boss or a work meeting without telling them?

Recording your own meeting for personal reference sits closer to personal use, but employers and tribunals can still take a dim view of covert recording, and it may be excluded or weighed against you as evidence. An employer recording staff is different again and must have a lawful basis and generally give notice. See our recording conversations at work guide for the detail.

When does recording someone become a crime or a data protection breach in the UK?

Most commonly when a recording is shared or published in a way that processes another person's personal data without a lawful basis, when an organisation records people without transparency or a lawful basis, or when recording is used as part of a course of conduct that amounts to harassment under the Protection from Harassment Act 1997.

Can a secretly recorded conversation be used as evidence in a UK court or tribunal?

It can be, but courts and employment tribunals have discretion to exclude or discount covert recordings, particularly where they were obtained intrusively. Making the recording may not itself be a crime, but that does not guarantee it will be accepted or helpful as evidence.

Do CCTV or video doorbell cameras follow the same rule as recording a conversation?

Not entirely. A camera on your own property that only captures your own property is generally unaffected by data protection law in the same way as personal recording. Once its view extends to a neighbour's property or a shared or public area, UK GDPR and the Data Protection Act 2018 can apply and the household exemption can be lost.

Is recording someone repeatedly to intimidate them illegal even if each recording is legal to make?

Yes. The Protection from Harassment Act 1997 targets a course of conduct that causes alarm or distress, not the legality of any single recording. Using recording as part of a pattern of intimidation, following or pursuing someone can be a criminal offence regardless of whether the recording itself breached data protection law.

Sources and References

  1. ICO: A guide to the data protection exemptions (personal, family or household activity)(ico.org.uk).gov
  2. ICO: Guidance on video surveillance, including CCTV(ico.org.uk).gov
  3. legislation.gov.uk: Data Protection Act 2018(legislation.gov.uk).gov
  4. legislation.gov.uk: Protection from Harassment Act 1997, Section 1(legislation.gov.uk).gov
  5. legislation.gov.uk: Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000(legislation.gov.uk).gov
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