Italy Recording Laws 2025: One-Party Consent, Penalties and GDPR

Italy permits participant recording under a one-party consent rule: any person who is party to a conversation may record it without informing the other participants, under the Codice Penale and confirmed by the Corte di Cassazione across multiple rulings through 2025.

Information last verified on 2026-05-15. This article has not yet been reviewed by a licensed Italian lawyer.

Jurisdiction scope: This article addresses recording laws in the Republic of Italy, including the Codice Penale (criminal code), the Codice Privacy (D.Lgs. 196/2003 as amended), GDPR as applied in Italy, and relevant Corte di Cassazione jurisprudence. It does not address the laws of other EU member states; for EU-wide rules, see EU Recording Laws.

Is Italy a One-Party Consent Country?

Italy applies a one-party consent rule to the recording of conversations. Under this rule, any person who is a participant in a conversation, whether face-to-face, by telephone, or over video, may record that conversation without informing or obtaining the agreement of the other parties. The Corte di Cassazione, Third Criminal Section, confirmed this principle in decision n. 18908 of 13 May 2011: it is not unlawful to record a conversation because whoever converses accepts the risk that the conversation be documented through recording. The same court has repeatedly applied this principle, most recently in Sez. VI n. 9253/2025, which held that a phonographic recording made by a participant, even in a workplace setting, constitutes documentary evidence (prova documentale) under Art. 234 of the Codice di Procedura Penale rather than a wiretap requiring judicial authorisation.

The key limit is participation: the moment a person records a conversation in which they are not a party, the one-party rule does not apply. Recording without participation, absent consent of all parties, can engage Art. 615-bis (unlawful interference in private life) or Art. 617 (fraudulent interception of communications), both of which carry criminal penalties. Separately, even where the recording itself is lawful, storing or disseminating the recording triggers GDPR and Privacy Code obligations discussed below.

How Italian Recording Law is Structured

Italian recording law draws from four overlapping sources:

1. Codice Penale (Criminal Code): Articles 615-bis, 617, 612-ter, and (since 2025) 612-quater set criminal prohibitions and penalties.
2. Codice di Procedura Penale (Code of Criminal Procedure): Article 234 governs admissibility of recordings as documentary evidence; Article 271 protects journalistic sources in wiretap proceedings.
3. Codice Privacy (D.Lgs. 196/2003, as amended): Italy's national data-protection code, updated by D.Lgs. 101/2018 to align with GDPR, regulates the processing (including recording and storage) of personal data.
4. GDPR (Regulation (EU) 2016/679): Directly applicable in Italy; sets principles of lawfulness, purpose limitation, data minimisation, and storage limitation for any recording that captures personal data.

The constitutional foundation is Art. 15 of the Italian Constitution, which guarantees the inviolability and secrecy of correspondence and all other forms of communication. Limitations may only be imposed by judicial order with stated reasons and only in accordance with guarantees established by law.

Can You Record Conversations in Italy?

Any person taking part in a conversation, phone call, or video meeting in Italy may record that exchange without obtaining the consent of the other participants. This is the participant recording rule (principio della partecipazione al dialogo). The Corte di Cassazione has consistently held that participant recording is lawful under Art. 24 of D.Lgs. 196/2003, which permits personal data processing without prior consent when the processing is carried out directly by a person taking part in the conversation, confirmed in the landmark ruling of 10 May 2018 (n. 11322).

Participant recording is also permitted where the recording:

• Is necessary to protect the recorder's rights or legal interests.
• Pursues a legitimate interest not overridden by the other party's fundamental rights or dignity.
• Is necessary to perform obligations arising from a contract to which the other person is a party.
• Is necessary to comply with a legal or regulatory obligation.
• Is necessary for defence counsel investigations or to establish or defend a legal claim, provided the recording is retained no longer than necessary.
• Is necessary exclusively for scientific, historical, or statistical purposes in compliance with the relevant professional codes.

Art. 131 of the Privacy Code adds a specific disclosure obligation in electronic communications: a user must inform the other user whenever devices are used to enable a conversation to be heard by third parties beyond those in the call. This rule targets speakerphone-to-group-audience scenarios rather than personal recording by a participant.

The critical distinction -- recording versus disseminating: The participant recording rule makes the act of capturing the conversation lawful. It does not give unconditional rights over what happens next. Storing, sharing, or publishing a recording implicates GDPR data-minimisation and purpose-limitation principles. Disseminating a recording that reveals private facts about a person who did not consent to its publication can give rise to both civil liability and, in aggravated cases, criminal exposure under Art. 615-bis.

Criminal Penalties for Illegal Recording

Article 615-bis: Unlawful Interference in Private Life

Article 615-bis of the Codice Penale (R.D. 19 ottobre 1930, n. 1398, as amended) criminalises using visual or audio recording devices to unlawfully obtain information or images about the private life of another person taking place in their home or other private dwelling (domicilio). The statute distinguishes two offences:

• Indiscretion (first paragraph): Using recording or filming instruments to acquire news or images about another person's private life in their dwelling or private location. Penalty: imprisonment from six months to four years.
• Disclosure (second paragraph): Revealing or disseminating such unlawfully obtained recordings or information. The same imprisonment range applies.
• Aggravated form: When committed by a public official or a person entrusted with a public service by abusing their powers, the penalty is increased.

Art. 615-bis is the principal criminal limit on non-participant recording. It does not criminalise recording in public spaces (piazze, streets, offices open to the public) where there is no reasonable expectation of privacy, nor does it apply to participant recordings made in the recorder's own home or workplace.

Article 617: Fraudulent Interception of Communications

Article 617 of the Codice Penale criminalises fraudulent interception of telephone communications between persons who have not consented. The provision covers:

• Art. 617: Interception of telephone calls -- imprisonment up to four years.
• Art. 617-quater: Fraudulent interception of computer or telecommunications system communications -- imprisonment from one to four years; one to five years in aggravated cases (systems of military interest, public order, or national security).
• Art. 617-quinquies: Installation of devices to intercept or prevent communications -- imprisonment from one to four years.

These provisions target third-party interception without consent or judicial authorisation. They do not reach participant recording, which the Cassazione has consistently distinguished from "intercettazione" requiring judicial authorisation.

Article 612-ter: Non-Consensual Intimate Images (Codice Rosso, 2019)

Legge 19 luglio 2019, n. 69 (the "Codice Rosso" -- domestic and gender-based violence law) added Art. 612-ter to the Codice Penale, creating a dedicated offence for the non-consensual distribution of intimate images, often described as revenge porn (diffusione illecita di immagini o video sessualmente espliciti).

The offence covers anyone who, after creating or obtaining sexually explicit images or videos intended to remain private, sends, delivers, gives, publishes, or disseminates them without the consent of the persons depicted. The same conduct is an offence for anyone who received or otherwise acquired such material and distributes it without consent to cause harm.

Penalties under Art. 612-ter:

• Base offence: imprisonment of one to six years and a fine of EUR 5,000 to EUR 15,000.
• Enhanced penalties: when committed by a spouse (even if legally separated or divorced) or by a person in or formerly in an affective relationship with the victim.
• Further enhancement: when committed through computer, electronic, or digital means (which in practice covers almost all cases).
• Proceedings may be initiated ex officio (without a complaint from the victim) when the victim is a minor or vulnerable person.

Art. 612-ter extends beyond recording: it applies to the sharing of any intimate image regardless of whether the original was recorded with consent. A person who consented to a recording for private use but not for distribution retains the right to prosecute under Art. 612-ter if the material is later shared without their ongoing consent.

Deepfake and AI-Generated Content: Law No. 132/2025

On 23 September 2025, Italy enacted Legge n. 132/2025, becoming the first EU Member State to adopt a comprehensive national artificial intelligence law complementing the EU AI Act (Regulation (EU) 2024/1689). The law adds a new criminal provision directly relevant to recording and image distribution:

Article 612-quater Codice Penale (new offence): Anyone who, without consent, provides, publishes, or disseminates images, videos, or audio recordings that have been falsified or altered using artificial intelligence systems and are likely to mislead as to their authenticity, thereby causing unjust harm to a third party, faces imprisonment from one to five years. Proceedings are generally initiated on complaint from the harmed party but may proceed ex officio when a minor or vulnerable person is the victim.

General AI aggravating circumstance: Art. 61 No. 11-undecies of the Codice Penale (introduced by L. 132/2025) increases the sentence for any criminal offence by up to one third when the offence is committed using an AI system or when AI is used to impede the victim's defence or aggravate consequences.

EU AI Act deepfake labelling (Art. 50(4) Reg. (EU) 2024/1689): Independent of criminal law, the EU AI Act requires persons deploying AI systems to generate or manipulate images, audio, or video that could be mistaken for authentic to clearly and distinctly disclose that the content has been artificially generated or manipulated. This disclosure obligation applies in Italy from 2 August 2026 when Art. 50 becomes fully applicable.

The Garante Privacy has issued guidance (Provvedimento 18 dicembre 2025 [10207132]) warning that using AI services to generate content based on the real voices or images of third parties, without proper legal basis and transparent information to those affected, can violate GDPR provisions with corresponding administrative sanctions alongside the new criminal penalties.

GDPR and the Codice Privacy

Italy applies the GDPR (Regulation (EU) 2016/679) directly. D.Lgs. 10 agosto 2018, n. 101 aligned the national Privacy Code (D.Lgs. 196/2003) with the GDPR. Any recording that captures identifiable personal data is subject to GDPR principles:

Five principles that govern all recordings in Italy:

1. Lawfulness, fairness, and transparency: The recording must have a valid legal basis (consent; legitimate interest; legal obligation; contractual necessity). Recordings for self-protection qualify under legitimate interest provided it is not overridden by the other party's rights.
2. Purpose limitation: The recording may only be used for the specific purpose for which it was made. A recording made for evidence purposes in a workplace dispute cannot be repurposed for public exposure on social media.
3. Data minimisation: Record only what is necessary. Extended ambient audio capturing bystanders' conversations beyond the relevant exchange is disproportionate.
4. Storage limitation: Recordings must not be kept longer than necessary for the stated purpose. CCTV systems must typically delete footage within 24 to 48 hours absent specific investigative need, per Garante guidelines.
5. Accountability: The person or organisation making recordings must be able to demonstrate compliance with all GDPR principles.

Special category data (Art. 9 GDPR): Recordings that capture information revealing racial or ethnic origin, political opinions, religious beliefs, health data, sexual orientation, or biometric data face heightened requirements. General prohibition applies unless a specific Art. 9(2) condition is satisfied.

Garante enforcement: The Garante per la protezione dei dati personali is Italy's supervisory authority under GDPR. It is among Europe's most active data protection regulators. Notable recent enforcement includes: investigation into ChatGPT and OpenAI (January 2024 breach notification; December 2024 preliminary investigation closure); investigation into Sora (March 2024); request for information from DeepSeek (January 2025) over data risks for millions of Italian users. GDPR violation fines reach up to EUR 20 million or 4% of annual global turnover (more serious violations) or EUR 10 million or 2% of annual turnover (less serious violations).

Recording Police and Public Officials in Italy

Recording police officers or other public officials in the performance of their public duties in publicly accessible spaces is generally lawful in Italy. Article 615-bis protects the "private life" of persons in their domicilio (home or private dwelling). When public officials act in public places, open offices, or semi-public spaces in their official capacity, the privacy expectation protected by Art. 615-bis is not engaged, and participant recording rules apply.

Italian courts and commentators have consistently held that:

• Documenting an arrest, a stop-and-search, or a police interaction in a public space is within the rights of a participant or bystander, subject to the general prohibition on publishing recordings that reveal third-party private information without justification.
• Recording an official interaction where the recorder is the subject of the official's conduct (for example, recording one's own interrogation by police) qualifies as participant recording and is lawful under the principles established by Cass. n. 18908/2011.
• Art. 615-bis would apply if an individual attempted to record a police officer inside a private residence where the officer had a reasonable expectation of privacy in off-duty contexts, but this scenario is unusual in practice.

Limits on publication: Recording a public official is one thing; publishing the recording may raise separate considerations under the wiretap publication regime and GDPR if the recording captures bystanders or third parties. Journalists publishing recordings involving public officials must also comply with the Garante's deontological rules for journalism (adopted 29 November 2018, updated under Art. 137 Privacy Code).

Italy Video Recording Laws

Video recording follows the same legal framework as audio recording. The participant rule, GDPR obligations, and Art. 615-bis all apply. Additional rules govern specific contexts:

Recording minors: Art. 13 of Presidential Decree No. 448 of 22 September 1988 prohibits publishing or disseminating by any means reports or images depicting a minor that could lead to the identification of that person. Art. 50 of the Privacy Code extends this prohibition when the minor is involved in non-criminal judicial proceedings.

CCTV and private surveillance: The Garante issued comprehensive video surveillance guidelines on 8 April 2010 (Provvedimento [1734653]) with updated guidance in 2022. Key requirements:

• Private citizens may install security cameras on their own property, but cameras must be directed only at areas directly owned by or exclusively available to the person.
• Capturing public areas or neighbouring properties without consent may constitute unlawful interference under Art. 615-bis.
• Visible signage must inform people they are being recorded (notice is a GDPR transparency obligation).
• Footage must typically be deleted within 24 to 48 hours absent specific need; maximum one week for special technical requirements or high-risk activities.
• Systems with "smart" surveillance features (facial recognition, behaviour analysis) require prior authorisation from the Garante.

Workplace Recording in Italy

Employee Recording of Colleagues

Employees may record conversations with colleagues in which they are participants, provided certain conditions are met. The Corte di Cassazione established the foundational principle in ruling n. 11322 of 10 May 2018. The case involved an employee dismissed for recording workplace conversations without colleagues' knowledge. The court ruled the dismissal unfair and the recordings lawful because:

• The employee was a direct participant in each conversation.
• The recordings were made to protect the employee's legal rights and document serious workplace misconduct.
• The employee took adequate measures to prevent unnecessary dissemination.

The more recent ruling Cass. Pen. Sez. VI n. 9253/2025 reaffirmed that such recordings constitute prova documentale (documentary evidence) under Art. 234 of the Codice di Procedura Penale, not intercettazioni requiring judicial authorisation, and are admissible in both civil and criminal proceedings.

Key principles from Italian case law for employee recording:

• Participation: The employee must be a direct participant, not a bystander recording a conversation between others.
• Legitimate purpose: The purpose must be to protect legal rights or document misconduct, not general surveillance of colleagues.
• Proportionality: The recording must not go beyond what is necessary for the protective purpose.
• Confidentiality: The employee must limit access to and dissemination of the recordings.
• No recording in private spaces: Restrooms, changing areas, and private lounges remain protected spaces under Art. 615-bis regardless of participation.

Employer Remote Monitoring of Employees

Employers face strict limits. Article 4 of Legge 20 maggio 1970, n. 300 (Statuto dei Lavoratori), as reformed by Art. 23 of D.Lgs. 14 settembre 2015, n. 151 (Jobs Act), prohibits the installation of audio-visual equipment and other devices that allow remote monitoring of employees without:

1. Prior agreement with the relevant trade union (accordo sindacale), or
2. Authorisation from the Labour Inspectorate (Ispettorato del Lavoro), where no union agreement is reachable.

The Jobs Act 2015 amendment clarified that the restriction applies to systems from which monitoring may derive as a side-effect, not just systems installed expressly for surveillance. Exceptions exist for tools used by employees in the normal course of their work (work phones, computers) and for entry/exit registration systems.

Even where monitoring is permitted, information collected may only be used for purposes connected to the employment relationship, and employees must first receive adequate notice of how tools are used and how monitoring is conducted. The Garante has issued enforcement orders against employers who installed camera systems without complying with these requirements, even where the stated purpose was asset protection.

Journalist and Media Recording Rights

Source Protection

Article 271, paragraph 2 of the Codice di Procedura Penale establishes special protection for journalistic sources in wiretapping proceedings. Wiretap transcripts involving journalists are subject to destruction procedures if they relate to the journalist's sources rather than the subject under investigation. The right of journalists not to disclose their sources is codified in Italian media law.

Publication of Wiretapped Conversations

The current framework for wiretap publication is set by D.Lgs. 30 dicembre 2019, n. 161, converted by Legge 28 febbraio 2020, n. 7 (the reformed Orlando reform), in force from 1 September 2020. Key features:

• The Public Minister is responsible for ensuring that transcripts filed in court do not include expressions not relevant to investigations, defamatory of persons' reputation, or concerning sensitive personal data, unless those wiretaps are directly relevant to the investigation.
• Publication of wiretap content that is not acquired in the proceedings, or that is irrelevant to the criminal trial, exposes journalists to sanctions.
• The Garante's deontological rules for journalism (adopted 29 November 2018 under Art. 137 of the Privacy Code) permit journalists to process personal data, including sensitive data under Arts. 9 and 10 GDPR, without consent, provided they comply with those rules.

The 2020 reform moved away from the earlier approach of allowing police to select material for destruction and instead placed that duty on the Public Ministry, reducing the risk of selective leaking while maintaining investigative transparency where relevant.

Restrictions on Publishing Intimate or Private Recordings

Beyond wiretap law, Italian courts have consistently held that even lawfully recorded conversations may not be published where doing so causes disproportionate harm to the private life of the persons recorded, under the balancing of privacy rights against freedom of information required by Arts. 21 and 15 of the Constitution.

Notable Wiretapping Scandals in Italy

The SISMI-Telecom Scandal (2006)

Italy's largest modern surveillance scandal was uncovered in 2006, revealing an illegal domestic program operating since 1996. More than 5,000 people, including politicians, magistrates, journalists, and businessmen, had their phones illegally tapped by a scheme run by Marco Mancini (deputy head of SISMI military intelligence), Giuliano Tavaroli (chief of security at Telecom Italia and Pirelli), and private detective Emanuele Cipriani. The group shared approximately EUR 20 million from their activities. Adamo Bove, former Telecom security head who discovered the surveillance infrastructure, died in Naples in July 2006 in circumstances that led to extensive public speculation. Multiple arrests followed in September and December 2006.

The Berlusconi Wiretap Cases

Former Prime Minister Silvio Berlusconi was implicated in multiple wiretapping controversies. In 2013, he was sentenced to one year of imprisonment for the illegal publication in his newspaper Il Giornale of wiretapped phone calls related to an attempted bank takeover; centre-left politician Piero Fassino was awarded EUR 80,000 in damages. Berlusconi's governments repeatedly proposed legislation restricting journalists' ability to publish intercepted conversations, drawing the label "legge bavaglio" (gag law) from critics.

The Equalize "Dossieraggio" Scandal (2024)

In October 2024, the "Equalize" hack-for-hire investigation revealed that a private firm, led by Nunzio Samuele Calamucci, had allegedly accessed confidential data on thousands of Italians, including President Sergio Mattarella and former Prime Minister Matteo Renzi. Major companies and law firms allegedly used the firm for competitive intelligence and litigation advantages. The scandal prompted calls for parliamentary inquiry and a review of Italy's data security frameworks.

Paragon Spyware Scandal (2025)

Journalists Francesco Cancellato and Ciro Pellegrino of Fanpage disclosed in 2025 that their phones had been infected with Graphite spyware supplied by Israeli company Paragon, which sells exclusively to government clients. Prosecutors opened investigations in five Italian cities. The Italian government subsequently acknowledged use of Paragon software and the case remains a live political controversy on the boundaries of state surveillance and press freedom.

Italy's High Rate of Judicial Wiretapping

Italy has one of the highest rates of judicially authorised wiretapping in Europe, a product of its extensive use of interception in organised crime, corruption, and terrorism investigations. All judicial wiretaps require authorisation from a judge under Art. 15 of the Constitution. The Ministry of Justice publishes annual wiretap statistics; the practice of subsequent leaking of transcripts to the media has been a persistent political controversy, driving successive legislative reform efforts since the early 2000s.

Using Recordings as Evidence in Court

Criminal Proceedings

Participant recordings are admissible as prova documentale (documentary evidence) under Art. 234 of the Codice di Procedura Penale. They are not treated as intercettazioni (wiretaps), which require prior judicial authorisation and carry their own admissibility rules. The recording must have been made lawfully (i.e., the recorder was a participant and the recording was for a legitimate purpose). Cass. Pen. Sez. VI n. 9253/2025 confirmed this principle for workplace recordings. Cass. Pen. Sez. V n. 42647/2024 confirmed it for video recordings of common institutional areas.

Civil Proceedings

Italian civil courts place high evidentiary value on documentary evidence, including recordings. A recording made in violation of Art. 615-bis (recording a private space without consent of any participant) may be excluded from evidence. Recordings that meet the participant requirement and the legitimate purpose test are generally admissible to support or rebut factual claims.

Cross-Border and Tourist Recording

Italian criminal law applies to all persons in Italy, regardless of nationality. A tourist or business visitor who records in Italy without participation (third-party recording) may face the same Art. 615-bis or Art. 617 exposure as an Italian national. There is no "I am a foreign national" defence.

GDPR's territorial scope: The GDPR applies to the processing of personal data of individuals in the EU, regardless of where the data controller is established. A foreign company that records meetings with Italian clients or employees in Italy, or that processes the resulting recordings, is subject to GDPR.

Cross-border transmission of recordings: Sending a recording from Italy to a country outside the EU/EEA raises GDPR Chapter V issues (international data transfers). Standard Contractual Clauses or another Chapter V mechanism is required unless the recipient country has an adequacy decision.

Practical guidance for visitors: Participant recording in Italy is available to any person, Italian or foreign, who is party to the conversation. The one-party consent rule is not limited by the recorder's nationality. Non-participants must obtain consent from all parties. Italian law, not the law of the visitor's home country, governs the legality of the act of recording while physically in Italy.

Summary: Recording Scenarios at a Glance

Criminal Penalties Reference Table

Practical Advice for Recording in Italy

• Participate first: The safest approach is to record only conversations you are directly part of. If you are not a participant, you need the consent of every party.
• Have a legitimate purpose: Recording for self-protection, to preserve evidence of legal significance, or to fulfill a contractual or legal obligation is generally within the lawful scope. Idle curiosity is not.
• Limit dissemination: Do not share recordings beyond the purpose for which you made them. GDPR purpose limitation applies, and Art. 612-ter applies to intimate images shared without consent.
• Apply GDPR principles to business recording: Any recording of clients, employees, or meeting participants by a business entity triggers GDPR. Document your legal basis, inform subjects, set a retention period, and delete when the purpose is spent.
• CCTV: focus on your property and post signage: Cameras pointed at public areas or neighbours' property invite Art. 615-bis exposure and Garante enforcement. The 24-48 hour default retention period is not a suggestion.
• AI-generated content carries new criminal risk: Since L. 132/2025 came into force in October 2025, creating and sharing AI-manipulated audio, video, or images of real persons without consent and with intent to deceive is an imprisonable offence under Art. 612-quater.
• Seek qualified legal advice for Italy-specific situations: Italian privacy and criminal law is enforced actively. The Garante and Italian prosecutors treat privacy violations seriously. When the specific recording scenario is not clearly within the participant-recording safe harbour, consult a lawyer qualified in Italian law.

Disclaimer

This article provides general legal information about recording laws in Italy. It does not constitute legal advice and does not create a lawyer-client relationship. The information was verified as of 15 May 2026 against publicly available Italian statutes, Corte di Cassazione decisions, Garante Privacy guidance, and EU regulations. Italian law is subject to change; statutes cited reflect their in-force versions as of the date above. Anyone facing a specific recording situation in Italy should consult a lawyer licensed to practise in Italy with relevant experience in privacy and criminal law.

Authorities Cited

1. Codice Penale (R.D. 19 ottobre 1930, n. 1398), Art. 615-bis (unlawful interference in private life), Art. 617 (fraudulent interception), Art. 612-ter (NCII), Art. 612-quater (AI deepfakes). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:regio.decreto:1930-10-19;1398
2. Costituzione della Repubblica Italiana, Art. 15 (inviolability of communications). https://www.cortecostituzionale.it/documenti/download/doc/recent_judgments/costituzione_inglese.pdf
3. D.Lgs. 30 giugno 2003, n. 196 (Codice Privacy), Art. 24 (processing without consent), Art. 131 (electronic communications disclosure). https://www.garanteprivacy.it/data-protection-code
4. D.Lgs. 10 agosto 2018, n. 101 (GDPR alignment of Privacy Code). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2018-08-10;101
5. Legge 19 luglio 2019, n. 69 (Codice Rosso -- domestic violence); Art. 612-ter Codice Penale. https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2019-07-19;69
6. D.Lgs. 30 dicembre 2019, n. 161; Legge 28 febbraio 2020, n. 7 (wiretap publication reform). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2019-12-30;161
7. Legge 23 settembre 2025, n. 132 (Italian AI Law; Art. 612-quater Codice Penale). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2025-09-23;132
8. Regulation (EU) 2016/679 (GDPR), Art. 5 (principles), Art. 9 (special categories), Art. 83 (penalties). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
9. Regulation (EU) 2024/1689 (EU AI Act), Art. 5 (prohibited practices), Art. 50 (deepfake labelling). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32024R1689
10. Legge 20 maggio 1970, n. 300 (Statuto dei Lavoratori), Art. 4 (remote monitoring), as amended by D.Lgs. 14 settembre 2015, n. 151 (Jobs Act). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1970-05-20;300
11. Codice di Procedura Penale (D.P.R. 22 settembre 1988, n. 447), Art. 234 (documentary evidence), Art. 271 (journalistic sources in wiretap proceedings). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.del.presidente.della.repubblica:1988-09-22;447
12. Cass. Pen. Sez. III, n. 18908, 13 maggio 2011 (participant recording is not unlawful; recorder accepts risk). https://www.italgiure.giustizia.it/sncass/
13. Cass. n. 11322, 10 maggio 2018 (employee participant recording for self-protection is lawful; dismissal unfair). https://www.cortedicassazione.it/
14. Cass. Pen. Sez. V, n. 42647, 3 ottobre 2024 (video of institutional common areas admissible as Art. 234 documentary evidence). https://www.cortedicassazione.it/
15. Cass. Pen. Sez. VI, n. 9253/2025 (phonographic recording by participant, including workplace, is prova documentale under Art. 234, not intercettazione). https://www.cortedicassazione.it/
16. Garante per la protezione dei dati personali, Video Surveillance Guidelines, Provvedimento 8 aprile 2010 [1734653]. https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/1734653
17. Garante per la protezione dei dati personali, Provvedimento 18 dicembre 2025 [10207132] (AI/deepfake guidance). https://www.garanteprivacy.it/home/docweb/-/docweb-display/docweb/10207132
18. Garante per la protezione dei dati personali, Regole deontologiche per il giornalismo, adopted 29 novembre 2018 (Art. 137 Privacy Code). https://www.garanteprivacy.it/
19. D.P.R. 22 settembre 1988, n. 448, Art. 13 (publication of identifying images of minors prohibited). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.del.presidente.della.repubblica:1988-09-22;448

Related Articles

• EU Recording Laws: GDPR, Consent, and Country-by-Country Rules
• World Recording Laws: Country-by-Country Consent Guide
• Germany Recording Laws: Two-Party Consent and GDPR
• France Recording Laws: Consent and Privacy Framework
• Is It Illegal to Video Record Someone Without Their Consent?

---

Last updated: 2026-05-15. Statutes cited reflect their in-force versions as of 2026-05-15.

More on Italy law

This page covers one area of law in Italy. For a complete guide to Italy's legal system, including employment, family, driving, tenancy, inheritance, criminal law and consumer rights, see our full Italy law hub.

Frequently Asked Questions

Is Italy a one-party or two-party consent state for recording?

Italy uses a one-party (participant) consent rule. Any person who is a participant in a conversation may record it without informing the other parties. This principle was confirmed by Cass. Pen. Sez. III n. 18908/2011 and has been repeatedly applied by the Corte di Cassazione, most recently in Sez. VI n. 9253/2025.

Can you record a phone call in Italy without telling the other person?

Yes, if you are a party to the call. Italian law permits participant recording of telephone conversations without prior disclosure to other participants, under Art. 24 of D.Lgs. 196/2003 and the Cassazione's interpretation of Art. 615-bis. You must have a legitimate purpose for the recording, and GDPR storage and purpose-limitation rules apply to the file once created.

What is Article 615-bis of the Italian Codice Penale?

Art. 615-bis criminalises using audio or visual devices to unlawfully obtain information or images about the private life of a person in their home or other private dwelling. Penalties range from six months to four years imprisonment. The key word is 'unlawfully': participant recording is not caught by Art. 615-bis; non-participant recording in private spaces is.

What penalties apply for revenge porn (non-consensual intimate images) in Italy?

Article 612-ter of the Codice Penale, introduced by Legge 69/2019 (Codice Rosso), punishes non-consensual distribution of sexually explicit images or videos with imprisonment of one to six years and fines of EUR 5,000 to EUR 15,000. Aggravated penalties apply when the perpetrator is or was an intimate partner of the victim, or when distribution uses digital or electronic means.

Is it legal to record police in Italy?

Recording police officers performing their duties in publicly accessible spaces is generally lawful. Art. 615-bis protects private life in private dwellings; it does not apply to public-space official conduct. A person who is the subject of an official police interaction and records it as a participant is exercising the standard participant recording right recognised in Cass. n. 18908/2011. Publication of such recordings may require compliance with GDPR and the Garante's journalism deontological rules if it identifies third parties.

Can an employer in Italy record or monitor employees?

Employers cannot install audio-visual or other monitoring systems without either a prior agreement with the relevant trade union or authorisation from the Labour Inspectorate, under Art. 4 of Law 300/1970 as amended by D.Lgs. 151/2015 (Jobs Act). Even lawfully installed systems may only produce data used for employment-related purposes, and employees must receive adequate prior notice.

Are recordings admissible as evidence in Italian courts?

Yes. Participant recordings are treated as prova documentale (documentary evidence) under Art. 234 of the Codice di Procedura Penale, not as wiretaps requiring prior judicial authorisation. Cass. Pen. Sez. VI n. 9253/2025 confirmed that a phonographic recording made by a participant, including in a workplace, is admissible if made for a legitimate purpose. Recordings made in violation of Art. 615-bis (private spaces, non-participant) may be excluded.

What does Italy's 2025 AI law say about deepfakes?

Legge n. 132 of 23 September 2025 added Art. 612-quater to the Codice Penale, creating a criminal offence for providing, publishing, or disseminating AI-generated or AI-altered images, videos, or audio that are likely to deceive as to authenticity and cause unjust harm to a person, without that person's consent. The penalty is imprisonment from one to five years. The law entered into force on 10 October 2025.

Do Italian recording laws apply to tourists and foreign visitors?

Yes. Italian criminal law applies to all persons physically present in Italy, regardless of nationality. A foreign visitor who records a private conversation without participating in it could face Art. 615-bis or Art. 617 liability on the same basis as an Italian national. GDPR also applies to the processing of personal data of persons in Italy regardless of where the recorder is based.

How does GDPR affect recording in Italy?

GDPR (Regulation (EU) 2016/679), applied in Italy via D.Lgs. 101/2018, treats audio and video recordings of identifiable persons as personal data processing. The recorder must have a valid legal basis (consent, legitimate interest, legal obligation, or contract), must limit retention to what is necessary, must use the recording only for its stated purpose, and must be able to demonstrate compliance. The Garante enforces GDPR in Italy with fines up to EUR 20 million or 4% of annual global turnover for serious violations.