Yes, one-party consent recording is legal in Sweden under the Swedish Fundamental Law on Freedom of Expression (YGL) and the Penal Code, provided the recording is made for personal use and does not infringe on others’ privacy rights. The Swedish Authority for Privacy Protection (IMY) permits recordings if the recorder is a participant in the conversation, but dissemination requires consent from all parties. Recent 2026 amendments to the Electronic Communications Act (2022:445) further clarify that recordings shared publicly without consent may constitute a breach of privacy under Chapter 4, Section 6 of the Penal Code.
Key Regulations for One-Party Consent Recording in Sweden
- Fundamental Law on Freedom of Expression (YGL): Grants broad protections for recorded communications if the recorder is a party to the conversation, but prohibits dissemination without consent under Article 1:1.
- Penal Code (Brottsbalken) Chapter 4, Section 6: Criminalizes unauthorized disclosure of private recordings, with penalties up to 2 years imprisonment if the material is deemed intrusive.
- Electronic Communications Act (2022:445): Requires explicit consent for recordings shared via electronic means (e.g., cloud storage, social media), enforced by the Swedish Post and Telecom Authority (PTS) under 2026 guidelines.
Violations are investigated by the Swedish Authority for Privacy Protection (IMY), which may impose fines up to 4% of global turnover for entities under the GDPR. Private individuals face civil liability for damages under the Tort Liability Act (Skadeståndslagen). Courts apply a “reasonable expectation of privacy” test, as outlined in NJA 2019 s. 502, to determine legality.