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Greece Recording Laws: All-Party Consent, Art. 370A Penalties, and GDPR (2026)

By Recording Law Editorial TeamReviewed May 15, 202629 min read
Greece Recording Laws: All-Party Consent, Art. 370A Penalties, and GDPR (2026)

Frequently Asked Questions

Can I record my own phone call in Greece without telling the other person?

No. Greece requires explicit consent from all parties before any recording. Even as a participant in the conversation, recording without the other person's clear, affirmative agreement is a criminal offense under Article 370A, Paragraph 1(2) of the Greek Penal Code. Penalties can reach up to 10 years in prison following the 2022 amendments under Law 5002/2022. Implied consent, such as continuing to speak after a notification tone, does not satisfy the legal standard.

What are the penalties for illegal recording in Greece?

Penalties vary by offense type. Third-party telephone interception and participant recording without consent both carry up to 10 years imprisonment under the amended Article 370A. Recording a private in-person conversation without consent carries a minimum of 1 year in prison. Unlawfully using or distributing an illegally obtained recording is punishable by up to 3 years imprisonment or a fine. Possession or distribution of surveillance software is a separate criminal offense under Article 370ST. Civil Code Articles 57-59 also allow victims to seek injunctive relief and moral damages in a separate civil action.

Does GDPR apply to voice recordings in Greece?

Yes. Greece implements the GDPR through Law 4624/2019, enforced by the Hellenic Data Protection Authority (HDPA). Voice recordings are classified as personal data because they can identify individuals. Any entity that collects, stores, or processes voice recordings must have a valid legal basis under GDPR Article 6, provide transparent notice to data subjects, define retention periods, and respond to data subject rights requests. GDPR fines can reach up to 20 million euros or 4% of worldwide annual turnover. The HDPA has imposed the maximum EUR 20 million fine against Clearview AI and halted the Hellenic Police's Smart Policing programme in 2025.

Can I film or photograph people in public places in Greece?

Generally yes. Photography and video recording in genuinely public spaces like streets, plazas, and parks is protected under Article 14 of the Greek Constitution as freedom of expression. You do not need consent for general public photography or video. However, restrictions apply to military installations, commercial use of a person's image without consent, and content that may offend religious sensitivities. Filming for professional productions at public locations may require permits from municipal or archaeological authorities. Audio recording of private conversations in those same public spaces still requires all-party consent under Art. 370A.

What was the Predator spyware scandal and how did it change Greek law?

The Predator spyware scandal, discovered in 2022, revealed that approximately 84 mobile phones belonging to journalists, politicians, and public figures in Greece were targeted with Predator surveillance software. The scandal led to the passage of Law 5002/2022, which increased maximum penalties for communications violations to 10 years, criminalized possession of surveillance software under Art. 370ST, and established new cybersecurity oversight bodies. In February 2026, four Intellexa executives were convicted. Each received a sentence of 126 years and 8 months, capped at 8 years under Greek law, suspended pending appeal.

Is it illegal to share intimate photos or videos in Greece without consent?

Yes. Article 346 of the Greek Penal Code, added by Law 4947/2022 (June 2022), criminalizes the non-consensual sharing of intimate images or manipulated material including AI-fabricated depictions. The basic offense carries imprisonment. Sharing such material online to an indefinite number of recipients is punishable by up to 8 years in prison. Aggravated penalties apply when the victim is a minor or when the perpetrator is a current or former partner.

Can I record a conversation with a police officer in Greece?

Video recording of police activity in a public space is generally protected under Article 14 of the Greek Constitution as freedom of expression and journalistic accountability. However, audio recording of any conversation, including with a police officer, requires all-party consent under Article 370A unless the officer explicitly consents. The audio-consent requirement in the context of police accountability has not been definitively resolved by the Areios Pagos. Travelers and journalists should seek local legal advice before audio-recording law enforcement interactions.

Do deepfake laws apply in Greece?

Partially. Article 346 of the Greek Penal Code covers fabricated or manipulated intimate imagery including AI-generated material. The EU AI Act (Regulation 2024/1689) mandates transparency labeling for AI-generated content across all EU member states including Greece. EU Directive 2024/1385 requires Greece to criminalize non-consensual sexualising deepfakes by 14 June 2027, but standalone deepfake criminal legislation for adults has not yet been enacted as of May 2026.

What is ADAE and what does it do?

ADAE (Archi Diasfalisis Aporritou Epikoinonion) is the Hellenic Authority for Communication Security and Privacy, established by Law 3115/2003 under Article 19 of the Greek Constitution. It oversees lawful interception procedures, monitors state wiretap orders, and supervises the security of telecommunications networks. ADAE reported a 23% increase in state-ordered wiretaps in 2024 and raised concerns about the National Intelligence Service and Special Violent Crimes Squad failing to notify ADAE of surveillance orders in timely fashion.

Can an employer record employee conversations in Greece?

No. Workplace audio recording is subject to the same all-party consent rule as any other recording under Article 370A. An employer cannot install hidden microphones or recording systems to capture employee conversations without the explicit consent of all participants. HDPA Directive 1/2011 sets out additional workplace surveillance restrictions: CCTV is limited to protection of persons and property, may not be used to evaluate employee performance, and is prohibited in workstations, break rooms, and restrooms.

Do Greek recording laws apply to foreign visitors and travelers?

Yes. Greek territorial jurisdiction applies to recordings made within Greece regardless of the nationality of the parties or where the recording device is registered. A foreign traveler who records a conversation in Greece without all-party consent commits a Greek criminal offense. The fact that the same recording would be lawful in the traveler's home country is not a defense.

Updates

Governing law re-checked for recent changes

Sources and References

  1. Greek Constitution, Arts. 9, 9A, 19(hellenicparliament.gr).gov
  2. UNODC SHERLOC: Greek Penal Code, Article 370A(sherloc.unodc.org).gov
  3. Law 5002/2022: Waiving of Communications Secrecy, Cybersecurity, and Data Protection(kalaw.gr)
  4. Greek Penal Code Art. 346: NCII (Law 4947/2022) - DATAWO analysis(datawo.org)
  5. Law 4624/2019 (GDPR Implementation), translated by HDPA(dpa.gr).gov
  6. Law 3471/2006: Protection of Personal Data and Privacy in Electronic Communications(dpa.gr).gov
  7. Hellenic Data Protection Authority (HDPA) Official Website(dpa.gr).gov
  8. ADAE: Hellenic Authority for Communication Security and Privacy(adae.gov.gr).gov
  9. EDRi: HDPA Decision 45/2025 halts Smart Policing system(edri.org)
  10. IAPP: HDPA imposes EUR 20 million fine on Clearview AI(iapp.org)
  11. Regulation (EU) 2024/1689: EU AI Act(eur-lex.europa.eu).gov
  12. Directive (EU) 2024/1385: Combating Violence Against Women and Domestic Violence(eur-lex.europa.eu).gov
  13. Amnesty International: Convictions in Predatorgate Scandal (Feb 2026)(amnesty.org)
  14. ICIJ: Greek Court Convicts Intellexa Founder Tal Dilian (Feb 2026)(icij.org)
  15. Human Rights Watch: Greek Court Finds Spyware Executives Guilty (Mar 2026)(hrw.org)
  16. Human Rights Watch: Greece Problematic Surveillance Bill (2022)(hrw.org)
  17. ICLG: Data Protection Laws and Regulations 2025-2026, Greece(iclg.com)
  18. Lexology: Confidentiality of Telephone Communication and Oral Conversation under Greek Law(lexology.com)
  19. Digestaonline: Exclusion of Illegally Obtained Evidence in Greek Civil and Penal Proceedings(digestaonline.gr)
  20. GovWatch: ADAE Report on Communications Secrecy Protection Issues(govwatch.gr)
  21. Greek City Times: Greek Watchdog Reports Sharp Increase in Secret Wiretaps (2025)(greekcitytimes.com)
  22. Kyriakoulaw.gr: Revenge Porn Establishment in the New Penal Code(kyriakoulaw.gr)
  23. EITHOS: Challenging Deepfakes: Awareness and Legal Safeguards in Greece(eithos.eu)
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