Yes, two-party consent recording is legal in Poland, but it is strictly regulated under the Personal Data Protection Act and the Telecommunications Act. Unauthorized interception of private communications without consent violates Article 267 of the Polish Penal Code, with penalties including imprisonment. The 2026 amendments to the Telecommunications Act further clarify that recording requires explicit prior consent from all parties, aligning with GDPR principles.
Key Regulations for Two-Party Consent Recording in Poland
- Personal Data Protection Act (UODO compliance): Requires lawful basis for recording, such as legitimate interest or consent, with strict adherence to GDPR Article 6. Recording must not disproportionately infringe on privacy rights.
- Telecommunications Act (2026 amendments): Mandates prior, informed consent from all parties before recording electronic communications. Violations may result in fines up to 4% of global turnover under GDPR enforcement.
- Penal Code (Article 267): Criminalizes unauthorized interception of private conversations, punishable by up to 3 years imprisonment. Exceptions apply for law enforcement with judicial authorization.
Recording in public spaces where privacy expectations are minimal (e.g., crowded streets) may not require consent, but workplace or private conversations demand strict compliance. The Polish Data Protection Authority (UODO) actively monitors compliance, particularly for businesses handling sensitive data.