Italy Recording Laws: A Comprehensive Guide to Audio and Video Recording

Overview of Recording Laws in Italy

Italy has a complex framework governing the recording of conversations, phone calls, and video that balances individual privacy rights with legitimate interests such as self-defense, journalism, and law enforcement. Italian recording laws are shaped by the Italian Constitution, the Penal Code (Codice Penale), the Personal Data Protection Code (Legislative Decree no. 196/2003, as amended), and EU regulations including the General Data Protection Regulation (GDPR).

Understanding these laws is essential for anyone living in, visiting, or conducting business in Italy, as violations can result in both civil liability and criminal penalties.

Can You Record Conversations In Italy?

In Italy, you are allowed to record conversations and phone calls that you take part in. This is known as the “participation in the dialogue” principle. You can also record a conversation if the recording:

• Is necessary to protect your rights.
• Is done to pursue a legitimate interest unless that legitimate interest is overridden by the other person’s rights and fundamental freedoms, dignity or legitimate interests.
• Is necessary for the performance of obligations resulting from a contract to which the other person is a party.
• Is necessary to comply with an obligation imposed by a law, regulations or community legislation.
• Concerns data relating to economic activities processed in compliance with the legislation in force as applying to business and industrial secrecy.
• Is necessary for carrying out investigations by defense counsel or to establish or defend a legal claim, as long as the recording is retained for no longer than is necessary.
• Is necessary exclusively for scientific, historical and statistical purposes in compliance with the respective codes of professional practice.

This law is outlined in Section 24 of the Legislative Decree no. 196 of 30 June 2003, which addresses cases in which no consent is required for processing data.

Recording laws concerning electronic communications are outlined in Section 131 of the Personal Data Protection Code which states that:

“A user shall inform another user whenever, during a conversation, devices are used to enable the said conversation to be heard by others.”

In a Supreme Court ruling dated 10th May 2018 (no. 11322), the Supreme Court confirmed that in the case of conversations, personal data can be processed without prior consent from the individual concerned if the processing is carried out directly by a person taking part in the conversation.

This means you can record conversations that you take part in without obtaining consent from other parties.

Otherwise, if you are not a participant in a conversation or the conditions outlined in the first paragraph are not met, you need to obtain consent from all the parties in the conversation before recording.

Criminal Penalties for Illegal Recording

Recording conversations without proper authorization can result in criminal charges under the Italian Penal Code (Codice Penale). The key provisions include:

Article 615-bis: Unlawful Interference in Private Life

This article criminalizes using visual or audio recording devices to unlawfully obtain information or images concerning the private life of another person in their private dwelling. The penalties are:

• Imprisonment from six months to four years for anyone who uses filming or recording instruments to illegally acquire news or images regarding the private life of a person taking place in their home or other private dwelling.
• The same penalty applies to anyone who reveals or disseminates such recordings or information.
• If the offender is a public official or a person entrusted with a public service who commits the act by abusing their powers, the penalty is increased.

Article 617: Interception of Communications

This provision covers the illegal interception of telephone or other communications. Articles 617-quater and 617-quinquies specifically address the interception of computer and telecommunications systems:

• Imprisonment from one to four years for fraudulently intercepting communications relating to a computer or telecommunications system.
• Imprisonment from one to five years in aggravated cases, such as when the offense is committed against systems of military interest, public order, or national security.

Italy Video Recording Laws

It is against the law to publish and disseminate, by any means, reports or images depicting an underage person which may cause such a person to be identified. This law is outlined in Section 13 of Presidential Decree No 448 of 22 September 1988.

Section 50 of the Personal Data Protection Code states that the law above also applies when an underage person is involved, for whatever reason, in judicial proceedings concerning non-criminal matters.

In the case of recording videos or photographs of individuals who are of age, this is considered personal data. Therefore, Section 24 of the Legislative Decree no. 196 of 30 June 2003 applies.

In short, video recording laws fall into the same category as phone calls and conversations, meaning consent should be obtained unless the same conditions outlined in the first paragraph are met.

CCTV and Surveillance Cameras

The Italian Data Protection Authority (Garante per la protezione dei dati personali) has issued specific guidelines for video surveillance:

• Private citizens can install security cameras on their own property, but cameras must be angled to only display areas owned directly by the individual.
• Recording public areas or neighboring properties without consent may constitute the offense of unlawful interference with private life under Article 615-bis.
• Visible signage must be posted to inform people that they are being recorded.
• Retention periods for recordings must be reasonable and proportionate to the purpose.

Can You Record Work Conversations in Italy?

Italian courts have addressed workplace recording in several landmark decisions. The general rule is that employees can record conversations with colleagues, provided certain conditions are met.

The 2018 Supreme Court Landmark Decision

In 2018, the Italian Supreme Court (Corte di Cassazione) ruled that employees can record conversations with their colleagues as long as they are part of the conversation, and the recording is done to protect their rights.

The case involved an employee who had been dismissed by his employer for recording conversations with his colleagues during work hours, without obtaining consent from the latter.

In the ruling dated 10 May 2018 (no. 11322), the Supreme Court ruled in favour of the employee stating that the employee’s actions did not amount to criminal offence or offence punishable by disciplinary measures, since the recordings were carried out to collect evidence of serious problems that existed in the workplace, and to safeguard his position within the company in the context of a widespread code of silence that was proven to operate there.

In addition, the employee took adequate measures to prevent the collected data from dissemination. In summary, the employee’s actions were deemed lawful, considering they met all the requirements laid out in law for the exemption of liability. Therefore, his dismissal was deemed unfair.

Key Principles for Workplace Recording

Based on Italian case law, the following principles apply to workplace recordings:

• Participation requirement: The employee must be a direct participant in the conversation being recorded.
• Legitimate purpose: The recording must be made to protect the employee’s legal rights or collect evidence of workplace misconduct.
• Proportionality: The recording should be proportionate to the purpose and not go beyond what is necessary.
• Confidentiality: The employee must take measures to prevent unnecessary dissemination of the recordings.
• No private spaces: Recording in spaces with a strong expectation of privacy (such as restrooms or changing rooms) remains prohibited.

Employer Surveillance of Employees

Italian law places strict limitations on employer surveillance of employees. Article 4 of Law 300/1970 (the Workers’ Statute) prohibits the use of audiovisual equipment and other devices to remotely monitor workers’ activities. Exceptions exist for:

• Organizational and production needs
• Workplace safety
• Protection of company assets

Even in these cases, employers must reach an agreement with trade unions or obtain authorization from the Labor Inspectorate. In 2018, the Supreme Court ruled that an employer who installs a camera in the workplace to monitor an employee’s activity can be found guilty of a crime under the Privacy Code, even if the camera was installed to protect goods and property.

Italy’s Strong Privacy Traditions

Italy has one of the strongest privacy cultures in Europe, rooted in both constitutional protections and cultural values. Several factors contribute to this:

Constitutional Protection

Article 15 of the Italian Constitution guarantees the inviolability and secrecy of correspondence and all other forms of communication. Limitations can only be imposed by judicial order with stated reasons and in accordance with the law. This constitutional protection forms the foundation of Italy’s approach to wiretapping and recording laws.

The Garante per la Protezione dei Dati Personali

Italy established its Data Protection Authority (Garante) in 1997, which has become one of the most active and influential data protection regulators in Europe. The Garante has broad powers to investigate complaints, issue fines, and set guidelines for data processing, including audio and video recording.

Notable enforcement actions include:

• TIM (Telecom Italia): Fined €27.8 million in January 2020 for conducting unsolicited telemarketing and cold calling where data subjects had not consented.
• The Garante regularly issues guidelines on video surveillance, call recording, and data processing that shape how recording laws are applied in practice.

Cultural Attitudes

Italians generally place high value on personal privacy and discretion. The unauthorized recording or publication of private conversations is considered a serious breach of trust and social norms, beyond just its legal implications. This cultural attitude is reflected in the strong legal protections and the public outcry that typically follows major privacy breaches or surveillance scandals.

EU GDPR Impact on Recording in Italy

Italy follows the European Union’s General Data Protection Regulations (GDPR), established on May 25, 2018, 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 established within the EU.

In Italy, the GDPR is integrated into the Italian Personal Data Protection Code, which was modified with Legislative Decree 101/2018 to adapt national legislation to the GDPR.

Key GDPR Principles Affecting Recording

• Lawfulness, fairness, and transparency: Any recording of personal data must have a legal basis, be fair to the data subject, and be transparent about its purpose.
• Purpose limitation: Recordings can only be used for the specific purpose for which they were made.
• Data minimization: Only record what is necessary for the stated purpose.
• Storage limitation: Recordings should not be kept longer than necessary.
• Accountability: The person or organization making recordings must be able to demonstrate compliance with these principles.

Special Categories of Data

Under Article 9 of the GDPR, processing of special categories of data (including data revealing racial or ethnic origin, political opinions, religious beliefs, health data, etc.) is generally prohibited unless specific conditions are met. Recordings that capture such sensitive information are subject to stricter requirements.

GDPR Penalties

Violations of GDPR provisions can result in significant fines:

• Up to €20 million or 4% of annual global turnover (whichever is higher) for the most serious violations.
• Up to €10 million or 2% of annual turnover for less serious violations.

Recording Laws for Businesses

Businesses operating in Italy must comply with both the GDPR and Italian national law when recording calls, meetings, or conducting video surveillance.

Call Center Recordings

Italian law allows call centers to record conversations with customers for quality assurance and training purposes, subject to the following conditions:

• Customers must be informed at the start of the call that it may be recorded.
• Customers must be given the option to opt out of recording.
• Recordings must be anonymized when used for training purposes.
• The Italian Ministry of Labour has confirmed that recording phone conversations between call center employees and customers does not constitute prohibited remote monitoring under Article 4 of the Workers’ Statute, provided proper safeguards are in place.

Business Meeting Recordings

For business meetings, the same principles apply as for personal conversations:

• Participants may record meetings they are part of without consent, but only for legitimate purposes such as creating an accurate record or protecting their legal interests.
• Using recordings for purposes beyond their original intent (such as public disclosure) may violate privacy laws.
• Non-participants cannot record meetings without the consent of all parties.

Journalist and Media Recording Rights

Italian law provides special protections for journalists, but also imposes significant restrictions on the publication of wiretapped conversations.

Source Protection

Article 271, Paragraph 2 of the Code of Criminal Procedure establishes special rules for wiretapping journalists, recognizing the fundamental importance of protecting journalistic sources. The right of journalists not to disclose their sources is enshrined in Italian law.

Publication of Wiretaps

Italy has debated various “gag laws” (legge bavaglio) that would restrict journalists’ ability to publish wiretapped conversations. In December 2017, a law was passed that forbids the publication of wiretapped conversations unless they are deemed “relevant” for a criminal trial. Violations can result in:

• Heavy fines for journalists who publish content from official wiretap recordings before the implicated suspect goes to trial.
• Up to 30 days in jail in some circumstances.

Journalists’ Code of Ethics

On 29 November 2018, the Garante adopted the “Regole deontologiche relative al trattamento di dati personali nell’esercizio dell’attività giornalistica” (Deontological rules for the processing of personal data in journalism). Under Article 137 of the Privacy Code, journalists may process personal data, including sensitive data under Articles 9 and 10 of the GDPR, without consent, provided they respect these deontological rules.

Notable Wiretapping Scandals in Italy

Italy has experienced several major wiretapping and surveillance scandals that have shaped public debate and legislation around recording laws.

The SISMI-Telecom Scandal (2006)

One of Italy’s largest surveillance scandals was uncovered in 2006, revealing an illegal domestic surveillance program that had been operating since 1996. Key facts:

• Scope: More than 5,000 people had their phones illegally tapped, including politicians, magistrates, journalists, businessmen, and even football players and referees.
• Perpetrators: The scheme was run by Marco Mancini (deputy head of the SISMI military intelligence agency), Giuliano Tavaroli (chief of security at Telecom Italia and Pirelli), and private detective Emanuele Cipriani.
• Targets: Included La Repubblica journalists Giuseppe D’Avanzo and Carlo Bonini, who had broken the Yellowcake forgery story and ultimately exposed this scandal.
• Mysterious death: Adamo Bove, former security head at Telecom and the person who discovered the system vulnerability enabling the illegal taps, died in Naples in July 2006 after falling from a motorway bridge. He had been cooperating with investigators.
• Outcome: Multiple arrests in September and December 2006. The participants shared approximately €20 million from their illegal activities.

The Berlusconi Wiretap Cases

Former Prime Minister Silvio Berlusconi was involved in multiple wiretapping controversies:

• RAI scandal (2007): Audio recordings of a phone call between Berlusconi (then opposition leader) and RAI general director Agostino Saccà were published by L’espresso magazine, causing a major media scandal about political interference in public broadcasting.
• Unipol-BNL case: In 2013, Berlusconi was sentenced to one year in prison for the illegal publication of wiretapped phone calls in his newspaper Il Giornale. The transcripts, published before the 2006 election, involved conversations related to an attempted bank takeover and damaged center-left politician Piero Fassino, who was awarded €80,000 in damages.
• Wiretapping bill efforts: Berlusconi’s governments repeatedly proposed legislation to restrict wiretapping and limit journalists’ ability to publish leaked intercepts, arguing it was necessary to protect citizens’ privacy. Critics called it the “gag law” (legge bavaglio) designed to protect Berlusconi himself from embarrassing revelations.

Italian Wikipedia Blackout (2011)

In October 2011, the Italian version of Wikipedia went dark for a day to protest proposed wiretapping legislation (DDL intercettazioni). The controversial paragraph 29 of the bill would have required any website to publish, within 48 hours and without comment, a “correction” of any content that someone claimed was detrimental to their image, regardless of whether the original content was true. The protest drew international attention and the provision was ultimately not enacted.

Journalist Wiretapping Controversies (2019-2021)

In 2021, it emerged that prosecutors in Trapani, Sicily had wiretapped journalists Nancy Porsia and Nello Scavo during an investigation into migrant trafficking. Both journalists had reported on Libyan coast guard commander Abd al-Rahman Milad (known as Bija) and his connections to human trafficking. The International Press Institute wrote to Italian ministers calling the surveillance “a direct and significant threat to media freedom.” The journalists were not suspects in the investigation, raising serious questions about the boundaries of prosecutorial surveillance powers.

The Equalize “Dossieraggio” Scandal (2024)

In October 2024, Italy was rocked by a massive hack-for-hire scandal involving the firm Equalize. The investigation revealed:

• Scale: The group allegedly accessed confidential data on thousands of Italians, including President Sergio Mattarella and former Prime Minister Matteo Renzi.
• Method: Led by Nunzio Samuele Calamucci, who previously claimed to have penetrated the Pentagon with the Anonymous hacktivist collective, the group maintained databases for the Interior Ministry while secretly downloading private data.
• Clients: Major companies and law firms allegedly used the firm to gain competitive advantages, win court cases, or conduct extortion.
• International connections: Investigators intercepted visits by foreign intelligence agents interested in obtaining information.
• Fallout: The scandal led to calls for parliamentary inquiry and a major overhaul of Italy’s data security policies.

Paragon Spyware Scandal (2025)

Italian journalists Francesco Cancellato and Ciro Pellegrino of Fanpage were informed that their phones had been infected with Graphite spyware, a surveillance tool sold only to government actors by Israeli company Paragon. Prosecutors initiated investigations in five Italian cities into the alleged use of spyware against journalists and activists, raising concerns about government surveillance of the press.

Italy’s High Rate of Wiretapping

Studies have shown that Italy has one of the highest rates of authorized wiretapping in Europe. The Max Planck Institute for Foreign and International Criminal Law calculated that in 2006, a higher proportion of Italians had their phones tapped than citizens of any other European country. This reflects both:

• The extensive use of wiretapping as an investigative tool by Italian prosecutors, particularly in organized crime and corruption cases.
• Ongoing concerns about the balance between effective law enforcement and privacy rights.

All judicial wiretaps in Italy require authorization from a judge, as mandated by Article 15 of the Constitution. However, the frequency of such authorizations and the subsequent leaking of transcripts to the media have been persistent sources of political controversy.

Using Recordings as Evidence in Court

Italian courts have established clear principles regarding the admissibility of recordings as evidence:

Criminal Proceedings

• Recordings made by a participant in a conversation are generally admissible as documentary evidence under Article 234 of the Code of Criminal Procedure.
• Such recordings are not considered “interceptions” (intercettazioni), which require judicial authorization.
• The recording must have been made lawfully, respecting the conditions outlined in privacy legislation.

Civil Proceedings

• Documentary evidence, including recordings, is highly valued in Italian civil courts.
• A 2025 ruling by the Sixth Criminal Section of the Court of Cassation (no. 9253/2025) reaffirmed that audio recordings made by a participant, even in a workplace setting, constitute documentary evidence and are admissible if made for legitimate purposes.
• If the recording was made in violation of Article 615-bis (unlawful interference in private life), it may be excluded from evidence.

Summary: Key Points for Recording in Italy

Table of Contents

📑 Table of Contents (click to expand)

• Overview of Recording Laws in Italy
• Can You Record Conversations In Italy?
• Criminal Penalties for Illegal Recording
• Italy Video Recording Laws
• Can You Record Work Conversations in Italy?
• Italy’s Strong Privacy Traditions
• EU GDPR Impact on Recording in Italy
• Recording Laws for Businesses
• Journalist and Media Recording Rights
• Notable Wiretapping Scandals in Italy
• Italy’s High Rate of Wiretapping
• Using Recordings as Evidence in Court
• Summary: Key Points for Recording in Italy
• Practical Advice for Recording in Italy
• Conclusion

Practical Advice for Recording in Italy

1. Always be a participant: The safest approach is to only record conversations you are directly involved in.
2. Have a legitimate purpose: Recording for self-protection, evidence preservation, or legal claims is generally acceptable.
3. Maintain confidentiality: Do not disseminate recordings unnecessarily, as this can create additional legal liability.
4. Be cautious with video: Video recordings in public spaces are more restricted; always respect privacy expectations.
5. Businesses need consent frameworks: If your business records calls or uses CCTV, establish clear policies, provide notice, and document consent.
6. Understand GDPR obligations: Any recording of personal data triggers GDPR requirements including purpose limitation, storage limits, and data subject rights.
7. Seek legal advice: When in doubt about a specific recording situation, consult an Italian lawyer familiar with privacy and criminal law.

Conclusion

Italy’s recording laws reflect the country’s strong commitment to privacy rights balanced against legitimate needs for evidence gathering, self-protection, and press freedom. While participants in a conversation generally have the right to record it, Italy’s strict penalties for unauthorized surveillance, extensive GDPR enforcement, and high-profile wiretapping scandals demonstrate that privacy violations are taken seriously. Anyone recording in Italy should understand both the legal framework and the cultural context to ensure they stay on the right side of the law.