• krigo666@lemmy.world
    link
    fedilink
    arrow-up
    10
    ·
    8 hours ago

    In Portugal the law states any party can record as long it gets consent from the other parties, and those consents can be withdrawn at any time.

        • Rivalarrival@lemmy.today
          link
          fedilink
          English
          arrow-up
          2
          ·
          3 hours ago

          Laws operate by restriction, not allowance. That which is not prohibited is permitted.

          The probibitions on recording only apply to third parties. If you are part of the conversation, (or the participants have no expectation of privacy) it is permissible for you to record that conversation.

          • 0xKesh@lemmy.dbzer0.com
            link
            fedilink
            arrow-up
            2
            ·
            edit-2
            3 hours ago

            Am I reading the correct bit?

            Chapter 24, section 5 - Eavesdropping

            A person who unlawfully listens to or records with a technical device

            1. a discussion, talk or other sounds of private life, where these are not intended for his or her knowledge and which occur or arise in a place covered by the right to domestic privacy, or
            2. secretly, elsewhere than in a place covered by the right to domestic privacy, talk that is not intended for his or her knowledge or for the knowledge of any other third parties, where the circumstances are such that the speaker has no reason to believe that a third party is listening shall be sentenced for eavesdropping to a fine or to imprisonment for at most one year.

            An attempt is punishable.

            This to me seems like it reads against what you are saying no?

            EDIT: And actually, isn’t this more about an unknown third party anyway?

            • Evil_Incarnate@sopuli.xyz
              link
              fedilink
              arrow-up
              1
              ·
              3 hours ago

              It’s part one, if you are in the discussion, it is intended for you to know, and so is not a crime to record.

              Sharing the recording may break other laws though.

    • LurkingLuddite@piefed.social
      link
      fedilink
      English
      arrow-up
      4
      ·
      8 hours ago

      two party consent vs one party consent. The more I learn about it, the more I understand why my old boss hated my clarifying questions on business strategy…

      • BigPotato@lemmy.world
        link
        fedilink
        arrow-up
        1
        ·
        5 hours ago

        More to say, if I agree to the recording at the beginning and then a few minutes into the call change my mind, that’s allowed.

        I can’t really wait until an hour after the call, realize I shouldn’t have over shared and ring you to say that you can’t record our call.