Yes, two-party consent recording is legal in Ireland but strictly regulated under the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR). Unauthorized interception of communications violates Section 26 of the Postal and Telecommunications Services Act 1983, exposing violators to fines up to €100,000 or imprisonment. The Data Protection Commission (DPC) enforces compliance, with recent 2026 guidance tightening expectations for explicit consent in workplace and public settings.
Key Regulations for Two-Party Consent Recording in Ireland
- GDPR & Data Protection Act 2018: Requires lawful basis for processing personal data, including audio recordings. Consent must be freely given, specific, informed, and unambiguous, with clear opt-out mechanisms.
- Postal and Telecommunications Services Act 1983 (Section 26): Criminalizes interception of communications without all parties’ consent. Exceptions apply for law enforcement under warrant.
- DPC Guidance (2026 Updates): Mandates documented consent records, privacy impact assessments for high-risk recordings, and prohibits covert recording in private spaces unless justified by legitimate interests.