Germany Audio and Video Recording Laws

Germany has some of the strictest privacy and recording laws in the world. This is rooted in the country’s traumatic history with state surveillance, from the Nazi regime’s extensive monitoring systems to the East German Stasi’s pervasive domestic spying apparatus. Today, these historical experiences have shaped a legal framework that strongly prioritizes individual privacy rights over recording freedoms.

Can You Record Conversations In Germany?

Germany is a two-party consent state, which means it is illegal to record conversations (including phone calls) without the consent of all the parties to the conversation.

If you’re in a conversation with another person, you need to get consent from that person, and if you’re in a call with more than one person, you need to get consent from all participants before recording the conversation.

The same applies if you’re not a participant in a conversation and you want to record the conversation.

Section 201 of the German Criminal Code (Strafgesetzbuch, or StGB) states that it is illegal to make an audio recording or intercept using a listening device the privately spoken words of another person without receiving authorization to do so.

It is also unlawful to use or disseminate illegally recorded audio to a third party. Also prohibited is publicly communicating, in verbatim or the contents of privately spoken words of another person that were illegally recorded or intercepted.

Note: Using or disclosing recorded audio results in criminal liability only if the public communication is made to interfere with the legitimate interests of another person. This caveat makes it legal to make public such audio if the public disclosure is made to safeguard overriding public interests.

So, in short, you’re allowed to disclose private conversations if the information is meant to safeguard public interests which override private interests.

Historical Context: Why Germany Takes Privacy So Seriously

Germany’s strict recording and privacy laws are directly influenced by the country’s dark history with surveillance. During the Nazi era (1933-1945), the regime maintained extensive surveillance networks to monitor political dissidents, Jewish citizens, and anyone deemed a threat to the state. The Gestapo relied heavily on informants and monitoring systems to suppress opposition.

After World War II and the division of Germany, East Germany’s Ministry for State Security, known as the Stasi, took surveillance to unprecedented levels. The Stasi maintained files on approximately 5.6 million people, representing roughly one-third of East Germany’s population. They employed an estimated 91,000 full-time employees and between 170,000 to 500,000 informal collaborators who spied on friends, family members, and neighbors.

“House books” (Hausbücher) required every residence to record details about each occupant and any visitors. This intrusive surveillance created a society where no conversation could be trusted as private. The psychological impact of this pervasive monitoring still shapes German attitudes toward privacy today.

When the Berlin Wall fell in 1989 and the Stasi files became public, the revelations about the extent of surveillance horrified Germans. This experience directly influenced the development of Germany’s robust data protection laws, including the Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and the country’s strong implementation of EU privacy regulations.

Video Recording Laws In Germany

Video Recording Someone with a Large Camera

Section 201a of the German Criminal Code covers laws relating to taking videos and photographs of other people.

It is illegal to, without consent, create or transmit a photograph or video of another person when that person is in a private premises or room that is protected from public view, as this translates to a violation of that person’s intimate privacy.

Also prohibited is using or making public a video or photograph obtained illegally in violation of Section 201a.

In the case where a video or photograph is created or obtained through consent, it is illegal to make available to a third party such material in the awareness of that third party lacking authorization to possess such material.

It is illegal, without consent, to make available a photograph or video of another person if the material contains content that can damage that person’s reputation.

Producing or offering to produce for a third party and procuring for yourself or a third party an image showing the nakedness of a person under the age of 18 years is prohibited.

Interestingly, secretly filming someone (without audio) in a public space is NOT automatically a criminal offense under German law. However, broadcasting or publishing such footage typically requires the person’s consent under Section 22 of the German Copyright Act (Kunsturhebergesetz, or KUG). Exceptions exist for public figures, politicians, and persons of public interest, but the rules are complex and depend on factors such as the level of fame, the privacy of the situation, and the age of the person filmed.

Dashcam Laws in Germany

Germany has had a complicated relationship with dashcams. For years, continuous dashcam recording was considered a violation of data protection laws because it captured footage of people and license plates without their consent.

However, a landmark ruling by Germany’s Federal Court of Justice (Bundesgerichtshof, or BGH) on May 15, 2018, changed the legal landscape. In this case, two vehicles collided in Magdeburg while attempting to turn left at an intersection. One driver wanted to use dashcam footage as evidence, but lower courts had rejected the recording as a violation of data protection law.

The BGH ruled that while continuous dashcam recording does violate Germany’s data protection regulations, this does not automatically make the footage inadmissible as evidence in court. The court stated that judges must weigh the competing interests on a case-by-case basis, considering the severity of the legal violation against the need for evidence.

Key points from the 2018 BGH ruling:

  • Permanent, continuous dashcam recording violates German data protection law
  • Despite the violation, such recordings may be admissible as evidence in civil cases
  • Courts must conduct a balancing test between privacy rights and the need for evidence
  • The BGH suggested that dashcams with loop recording that only save footage when triggered by an accident would be more legally compliant

Modern dashcam technology has adapted to German requirements. Many devices now feature loop recording that continuously overwrites footage unless triggered by a collision sensor, at which point the relevant footage is preserved. This approach attempts to balance the need for accident documentation with privacy concerns.

Can You Record Conversations To Collect Evidence Or For Self Defence?

German law allows you to make recordings of privately spoken words in instances where it is necessary to defend yourself or another person.

Section 34 of the German Criminal Code defines self-defense to include present danger to life, limb, liberty, honor, property or another legal interest which cannot otherwise be averted. However, individuals are required to weigh the conflicting interests and the degree of danger, in this case, legal interest, against their protected interests.

If the protected interests outweigh the legal interests, they are allowed to act accordingly provided the extent that the act committed is an adequate means to avert the danger.

This means that recording someone without consent might be justified if you are facing an immediate threat and the recording is necessary for your protection. However, this is a narrow exception and courts will scrutinize whether the recording was truly necessary and proportionate to the threat faced.

Workplace Recording and Employee Surveillance

Workplace recording in Germany is heavily regulated and requires careful compliance with both the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR). Employers face significant restrictions on monitoring employees.

Key principles for workplace recording:

  • Legitimate purpose required: Employers must have a specific, clearly defined, and legitimate purpose for any surveillance
  • Proportionality: The monitoring must be proportionate to the purpose and limited to what is necessary
  • Employee notification: Workers must generally be informed about any monitoring, including video surveillance
  • Works council involvement: Companies with a works council (Betriebsrat) must involve them in decisions about employee monitoring. Under German co-determination law, works councils have significant say in surveillance matters

Covert surveillance of employees is generally prohibited except in cases involving suspected criminal activity. Even then, strict conditions apply: there must be documented suspicion of a serious offense, other investigation methods must have failed or be impractical, and the surveillance must be limited in scope and duration.

The Federal Labor Court (Bundesarbeitsgericht) has ruled that video surveillance evidence may be used in employment disputes, but employers must demonstrate that the recording was necessary and appropriate. Recording phone calls with employees or customers requires explicit consent from all parties.

Protected activities that cannot be monitored under any circumstances include:

  • Works council meetings and communications
  • Data protection officer activities
  • Equal opportunities officer activities
  • Union representative activities

Journalist and Media Recording Rights

There is no special exemption for journalists under German criminal law. Members of the media must follow the same recording rules that apply to everyone else. This creates significant challenges for investigative journalism in Germany compared to countries like the United States or United Kingdom.

Covert audio recording by journalists: Recording someone’s voice without consent is a criminal offense under Section 201 StGB, punishable by up to three years in prison. Broadcasting such recordings is a separate offense under Section 201(2).

Covert video recording by journalists: Secretly filming someone in a public place is not automatically criminal (unless it takes place in private premises). However, publishing such footage without consent typically violates Section 22 KUG, except when covering public figures or matters of significant public interest.

German media outlets typically handle covertly obtained material in one of three ways:

  • Reporting indirectly on what was said rather than playing audio
  • Having voice actors reenact conversations
  • Displaying statements as text on screen
  • Pixelating faces of individuals who have not consented

Notable case: Günter Wallraff

Germany’s most famous undercover journalist, Günter Wallraff, has pushed the boundaries of investigative journalism for decades. In 1977, he worked undercover at the Bild-Zeitung newspaper using a false identity, later publishing exposés about the publication’s practices. In the 1980s, he disguised himself as a Turkish guest worker named “Ali Levent” to document discrimination and poor working conditions faced by migrant laborers. His methods, while controversial, have sparked important public debates about the limits of investigative journalism versus privacy rights.

The European Court of Human Rights has generally supported the use of hidden cameras by journalists when investigating matters of significant public interest, provided privacy considerations are properly weighed. However, German courts remain more restrictive than their European counterparts.

Google Street View: A Case Study in German Privacy Culture

Germany’s reaction to Google Street View perfectly illustrates the country’s privacy-conscious culture. When Google launched Street View in Germany in 2010, it faced fierce opposition from politicians, privacy advocates, and ordinary citizens.

Consumer protection minister Ilse Aigner criticized the service as an unacceptable intrusion on privacy. The German government required Google to allow residents to opt out and have their homes blurred before the service launched. As a result, approximately 244,237 German households requested that their properties be pixelated.

Google also faced legal trouble when it was discovered that Street View cars had been collecting data from unencrypted WiFi networks while photographing streets. This scandal reinforced German concerns about data collection by technology companies.

Due to the opposition and regulatory burden, Google largely stopped expanding Street View coverage in Germany after 2010, making it one of the least-mapped countries in Western Europe. When Google finally expanded coverage in 2023, it was required to delete images after 13 years and maintain strict blurring of faces and license plates.

GDPR and Its Impact on Recording in Germany

The EU General Data Protection Regulation (GDPR), which came into effect in May 2018, has strengthened recording regulations throughout Europe, and Germany has been a particularly strict enforcer.

Under the GDPR, audio and video recordings containing identifiable individuals are considered personal data. Processing this data (which includes creating, storing, and sharing recordings) requires a legal basis such as:

  • Consent: The recorded person has given explicit, informed consent
  • Legitimate interest: The recording serves a legitimate interest that outweighs the individual’s privacy rights
  • Legal obligation: The recording is required by law
  • Vital interests: The recording is necessary to protect someone’s life

For businesses recording phone calls, Germany requires that consent be obtained before recording begins. Simply playing a recorded message stating “this call may be recorded” is not sufficient unless the caller has an opportunity to object or disconnect. Many businesses now require callers to press a button or verbally confirm consent before recording begins.

GDPR violations can result in fines of up to €20 million or 4% of annual global turnover, whichever is higher. German data protection authorities have been active in enforcing these regulations.

Can The Police Record Or Monitor Your Conversations?

If the Police or other state authorities want to record or surveil one’s communications, they are required by law to seek authorization from a judge. In cases where there is a threat of imminent danger, the authorization can be issued by a public prosecutor.

Germany’s Article 10 of the Basic Law (Grundgesetz) protects the privacy of correspondence, postal communications, and telecommunications. Any surveillance by state authorities must be specifically authorized by law and subject to judicial oversight.

The law governing telecommunications surveillance (Gesetz zur Beschränkung des Brief-, Post- und Fernmeldegeheimnisses, or G10 Law) sets strict limits on when authorities can intercept communications. Surveillance is only permitted for investigating serious crimes such as terrorism, organized crime, or threats to national security.

Interception Of Phone Calls By Service Providers

The law in Germany protects your phone calls and other telecommunication data from disclosure through Section 88 of the Telecommunications Act (Telekommunikationsgesetz) and Article 10 of the Basic Law for the Federal Republic of Germany.

Under these laws, service providers and other institutions handling telecommunication data are required to maintain the secrecy of telecommunications. So, for example, if you make a phone call, your service provider is not allowed to access or disclose the contents or any data relating to your phone call.

The law states that service providers are restricted from acquiring knowledge of the telecommunication content or the specific circumstances of the telecommunication beyond what is necessary for the commercial provision of telecommunication services, including the protection of their technical systems.

CCTV and Video Surveillance in Public Spaces

Video surveillance in Germany, whether by businesses or public authorities, is subject to strict regulations under the BDSG and GDPR.

For private surveillance (businesses, residential properties):

  • Cameras may only monitor your own property, not public sidewalks, streets, or neighboring properties
  • Clear signage must inform people they are being recorded
  • Recordings must be deleted when no longer needed for their stated purpose
  • Access to footage must be restricted and logged

Legitimate purposes for CCTV include:

  • Protection against break-ins and theft
  • Prevention of vandalism
  • Personal safety and security
  • Evidence collection for criminal investigations

Filming your neighbors or capturing footage of public areas beyond your property boundaries can result in complaints to data protection authorities and potential fines.

Recording Laws for German Businesses

Germany and all other EU Countries follow the GDPR (General Data Protection Regulation), a regulation that was established to control the processing of data owned by EU citizens by companies that have access to such data regardless of whether or not the companies are operating within the EU.

Businesses that record customer interactions must:

  • Obtain explicit consent before recording calls
  • Provide clear information about why recordings are made
  • Allow customers to request copies of their recorded data
  • Delete recordings when they are no longer needed
  • Implement appropriate security measures to protect recorded data

To learn more about these regulations, check out our EU recording laws page.

Summary: Key Points About German Recording Laws

Recording Type Legal Status Key Requirements
Audio recording (private conversations) Illegal without consent All-party consent required (Section 201 StGB)
Phone call recording Illegal without consent All parties must consent before recording begins
Video recording in private spaces Illegal without consent Consent required (Section 201a StGB)
Video recording in public (no audio) Generally legal to record Publishing requires consent or public interest exception
Dashcam recording Legal gray area Continuous recording violates privacy law but may be admissible as evidence
Workplace surveillance Heavily restricted Requires legitimate purpose, notification, works council approval
CCTV on private property Legal with restrictions Must not capture public areas or neighboring properties

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Penalties

  • Violating Section 201 of the Criminal Code (unauthorized audio recording) is punishable by imprisonment for a term not exceeding three years or a fine.
  • In the case of a public official or a person entrusted with special public service functions violating Section 201 of the Criminal Code, the punishment is imprisonment for a term not exceeding five years or a fine.
  • Violating video recording laws under Section 201a is punishable by imprisonment for a term not exceeding two years or a fine.
  • GDPR violations can result in fines up to €20 million or 4% of annual global turnover.
  • Civil lawsuits for privacy violations can result in injunctions, damages, and compensation for emotional distress.

Practical Tips for Recording in Germany

  • Always ask for consent: When in doubt, get explicit permission before recording any conversation
  • Put it in writing: For business recordings, document consent in writing or through recorded verbal confirmation
  • Use loop-recording dashcams: Choose devices that only save footage when triggered by an accident
  • Know the exceptions: Self-defense and imminent danger may justify recording, but the bar is high
  • Consult a lawyer: If you plan to use recordings as evidence, seek legal advice about admissibility
  • Respect the culture: Germans take privacy seriously; showing respect for these values will help avoid conflicts