Yes, two-party consent recording is legal in Sweden under strict conditions. The Swedish Electronic Communications Act (2003:389) permits recording if at least one party consents, aligning with EU privacy directives. However, the Swedish Authority for Privacy Protection (IMY) enforces stringent safeguards to prevent misuse.
Key Regulations for Two-Party Consent Recording in Sweden
- One-Party Consent Principle: Swedish law permits recording if the recorder consents, eliminating the need for all parties’ agreement. This deviates from traditional two-party consent jurisdictions.
- Public vs. Private Contexts: Recordings in public spaces are generally permissible, but private conversations require explicit consent to avoid violating the GDPR and the Swedish Data Protection Act (2018:218).
- IMY Oversight: The IMY monitors compliance, particularly for sensitive data. Violations may result in fines up to SEK 10 million (approx. €900,000) under GDPR enforcement.
Recent 2026 amendments to the Electronic Communications Act further clarify that recordings must not infringe on individuals’ privacy rights, even under one-party consent. Businesses must document consent trails and provide transparency notices to comply with IMY guidelines.