Whether the application is legal to record calls

Some time ago, on the left Layfhakere overview application for recording calls from smatrfona. We wondered if such programs are legal? Do they impinge on the secrecy of telephone conversations and other constitutional rights? Try to understand together.

This issue is regulated in many democracies. For example, in Finland, Denmark, Romania and some other countries, the interlocutors are allowed to write to each other in conversation, but to publish this entry, including for self-defense in court, it is impossible. In Germany, Great Britain, Canada and New Zealand is considered to be illegal, any recording made unannounced opponent. In Australia, this restriction only applies to conversations with officials. In Poland, by contrast, recorded a phone conversation with the officer may be without notice, provided that it is at the workplace during working hours. In the US, not only citizens can press the REC button during a telephone conversation with one another. Wide discretion in this respect is endowed with the National Security Agency. Remember the scandal with the "Patriot Act"?

In Russia, the legality of recording phone conversations also depend on who and how to produce it.

The mystery of telephone conversations

Everyone has the right to privacy of telephone conversations. Limitation of this right shall be allowed only on the basis of a court decision.

This right is enshrined in paragraph 2 of Article 23 of the Constitution of the Russian Federation and supported by the federal laws. In particular, Article 63 of the law "On Telecommunications" dated July 7, 2003.

Guarded secret telephone conversations by Article 138 of the Criminal Code. Composition of the crime involves listening others telephone conversations, as well as the disclosure of their content without the consent of the citizens or court permission. Judicial authorization can be obtained in the framework of investigative activity. For example, to prove extortion or telephone threats.

Speaking about wiretapping, primarily refers to wiretapping by means of special technical means (bugs) and programs. But the responsibility can take place, and if a person has become a casual conversation witness. For example, if you've heard, recorded and released the more talk of third parties, to communicate hands-free. The age of criminal responsibility in this case - 16 years.

Twosome

Really it is impossible to write even a conversation with a loved one or a close friend, you ask. Can. Recording private conversations for private use is not subject to any legislative restrictions. And that is not forbidden, it is known to be permitted. After all, the content of the conversation the parties to it is not a priori a secret.

Another thing, if you want to publish later this audio file. For example, to be used as evidence in court.

According to Article 55 of the Civil Procedure Code, evidence in the case may be information derived from the recordings.

In this case, the person providing the audio recording should indicate when, by whom and under what circumstances it is made (Article 77 of the RF Code of Civil Procedure). For example, a case may be included in the record a telephone conversation in which a man asks a loan and pledges bring it back to a certain date, or recording with insults and slander, when it comes to protection of honor and dignity.

It should be remembered that the record does not have any priority over other evidence considered by the court, and in conjunction with other facts. In addition, the person concerned may require the expertise to verify the authenticity of the recording, and if it is found falsification, followed by prosecution.

But most importantly, that the court does not always receive a sound recording as evidence. Thus, the record violates the constitutional principle of the inviolability of private life or the right to privacy and family secrets, it will be recognized as inadmissible evidence. For example, if in a conversation revealed the secret of adoption.

Journalism

We should also mention the recording of telephone conversations the media. Article 50 of the Law "On mass media" allows the distribution of messages and materials prepared by using a hidden record, in three cases:

• if it does not violate the constitutional rights and freedoms of man and citizen;
• if this is necessary to protect the public interest and measures against possible identification of other persons (for example, if the reporter learned of the impending crime);
• if the record is demonstrated by the decision of the court.

As for bloggers and other people who do not have the official status of the journalist, then, to record an interview or an expert explanations, they should be warned about this conversation.

Output

Applications for call recording is legal as long as does not violate anyone's constitutional rights. Record prank call a friend - a harmless thing, while stored on your phone and never published. If you record a conversation with an official or build interview, it is best to notify the interlocutor. Finally, listening to conversations of third parties, including by using any application, without the permission of the court is absolutely illegal and entails criminal liability.