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Can I secretly record someone? Is it forbidden to record a phone call I take part in?

In short

It depends. Recording a conversation you take part in is not an offence under the Criminal Code. Secretly recording other people's conversations is an offence (level 2). Secretly watching or recording someone who is naked and thinks they are in private is also an offence (level 3).

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This rule in 63 seconds
Video transcript

You suspect your partner. You're thinking of hiding a voice recorder in their car. It depends: Recording a conversation you take part in is not a crime. Secretly recording or spreading other people's conversations is. The right way: Don't plant hidden devices. Don't use your own recording to harm anyone. If you're a victim, keep the evidence and go to the police. Consequences (Level 2 – 3 offence): Secretly recording others: 6 months – 3 years prison; Secretly filming nudity: 3 – 5 years prison; Victim: Can claim compensation.

What is not allowed, what is required?

  • Using a device to listen to or record a private conversation you are not part of is a criminal offence; you need the consent of everyone taking part (schending van het geheim van privécommunicatie / violation du secret des communications privées; art. 342, level 2).
  • Installing a device for this purpose, and keeping, showing or distributing such a recording, are also offences under the same article. Example: hiding a voice recorder in your partner's car.
  • Recording a conversation you are taking part in yourself is not covered by this article. But using a lawful recording dishonestly or to cause harm is an offence (art. 344, level 2).
  • Watching or recording someone who is naked or having sex, without their consent and in a place where they expect to be out of sight, is voyeurism (voyeurisme; art. 135, level 3).
  • Sharing such images is a separate and serious offence (art. 136). If you are a victim, keep the evidence and go to the police.

Penalty and indirect consequences

PENALTY NOTICECriminal Code, level 3
Fine / payment
At level 3, the main penalty is prison; if there are mitigating circumstances, the judge can impose a level 2 or level 1 penalty instead. The victim can also claim compensation.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

Court / prison
Voyeurism (level 3): 3 – 5 years in prison. Secretly recording other people's conversations (level 2): 6 months – 3 years in prison or an alternative penalty.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 3: 3 – 5 years in prison. All penalty levels →

What really matters: the indirect consequences

What do these terms mean?

Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

Everyone's private conversations and body are protected. Secret recordings can be used to control or blackmail someone. The rule protects privacy and trust.

Where can you go?

  • Card StopIf you shared your card details, call straight away: 078 170 170
  • SafeonwebForward suspicious messages to verdacht@safeonweb.be
  • PoliceTo report threats, blackmail or stalking: 101 or your local police station
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
12 / 12 statements in an official source
Checked: 22.10.2026
Last checked
22.10.2026
Rules can change
Show the 12 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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