Is One-Party Consent Recording Legal in Greece After the 2026 Policy Reforms?

Yes, one-party consent recording is legal in Greece under specific conditions.

Greek law permits the recording of conversations or communications by one party without the other’s knowledge, provided the recorder is an active participant. This aligns with the Hellenic Data Protection Authority’s (HDPA) interpretation of Article 5(1)(f) of the GDPR, which allows processing of personal data for legitimate interests, including recording for evidence. However, the HDPA has cautioned that such recordings must not infringe on others’ privacy rights or be used for malicious purposes. Recent 2026 amendments to the Greek Penal Code further clarify that recordings obtained without consent may still be admissible in court if they serve a legitimate interest, such as self-defense or contractual disputes, but their use is subject to judicial scrutiny.

  • Legitimate Interest Requirement: Recordings must be for a lawful purpose, such as evidence in legal proceedings or protecting rights, as per HDPA guidelines. Unauthorized use for blackmail or harassment is criminalized under Article 370 of the Greek Penal Code.
  • Privacy Safeguards: The HDPA mandates that recordings must not capture third-party communications without justification. Excessive or indiscriminate recording may violate Article 5(1)(c) of the GDPR.
  • Judicial Admissibility: Courts assess the proportionality of recordings. The 2026 Penal Code revisions emphasize that recordings obtained in violation of privacy may be excluded if they disproportionately infringe on others’ rights.