Recording video on mobile devices without consent is a felony

19 April 2018
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Capturing video or audio (chatting, conversations etc) on a mobile device without the consent of the interlocutor have been rules as felonies by the Greek legal system and could be punishable of up to 10 years in prison. However, the crime is not seen as a violation of privacy if threatening phrases are uttered during the act of recording, or when the recorded conversation becomes public.

A Greek court ruled on the matter after a legal squabble between an estranged couple was reversed. The ex-wife, who had recorded a series of heated encounters with her former spouse (including physical abuse and exchange of verbal threats), was exonerated from the crime of illegally recording her partner, and instead was charged with the misdemeanour of domestic threats.

According to the constitutional dictates, the European Convention on Human Rights (ECHR) and criminal law, the free communication of the individual and his private and family life are protected.

This means that anyone illegally recording or surveilling via any means communications (oral conversation) between third parties is punished with up to 10 years in prison. However, it is acceptable and legally permissible to record or tape, as well as the used of the recorded content, where there are reasons of public interest relating to ‘the prevention of crimes, the protection of a legitimate interest which is superior to the protection of the free communication and private and family life, such as honour and freedom.”

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