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Ireland Recording Laws: One-Party Consent, GDPR, and 2025-2026 Updates

By Recording Law Editorial TeamReviewed July 20, 202632 min read
Ireland Recording Laws: One-Party Consent, GDPR, and 2025-2026 Updates

Frequently Asked Questions

Is it legal to record a phone call in Ireland without telling the other person?

Yes, for traditional telephone calls. Section 98 of the Postal and Telecommunications Services Act 1983, as amended by the 1993 Interception Act, defines interception so that it excludes recording where either party to the call has consented. If you are a party to the call, you can record it without informing or obtaining consent from the other party. Data protection law still governs what you do with the recording afterwards.

Does Irish recording law cover WhatsApp, Zoom, or FaceTime calls?

No. The 1993 Interception Act only covers telecommunications messages transmitted through traditional networks. VoIP calls on platforms like WhatsApp, Zoom, Microsoft Teams, and FaceTime fall outside the Act. Recording these calls is governed instead by GDPR, the Data Protection Act 2018, and constitutional privacy rights. A proposed Communications (Interception and Lawful Access) Bill aims to close this gap, but it has not yet been enacted.

Can I have CCTV or a video doorbell at my home in Ireland?

Yes. Cameras that capture footage only within the perimeter of your own property, operated for personal purposes, are generally covered by the GDPR household exemption. Under DPC guidance updated in May 2026, once a camera captures people beyond your boundary, in public areas or on a neighbour's property, the exemption no longer applies. You then take on data controller obligations, including a lawful basis, transparency, security, limited retention, and honouring access and erasure requests. Cameras should not be able to view a neighbour's home or garden.

What can I do about a neighbour's camera pointing at my house?

Raise it with your neighbour first, which is what the DPC recommends as the starting point. If the camera captures your property or other areas beyond the neighbour's own boundary and the issue is not resolved informally, you can complain to the Data Protection Commission, which supervises domestic CCTV that falls outside the household exemption.

Can I film Garda officers in public in Ireland?

Yes, in general. There is no specific Irish law that prohibits members of the public from filming Garda officers in public spaces. However, obstructing Garda duties or refusing to move when directed could lead to a public-order offence charge. The offence would be the obstruction, not the filming itself. Sharing footage online creates GDPR obligations if the footage contains identifiable personal data.

Can my employer record me at work in Ireland?

Your employer can only record you if they comply with GDPR requirements: they must inform you of the recording, have a lawful basis for it, limit recording to a legitimate purpose, and conduct a Data Protection Impact Assessment for systematic monitoring. Covert employer surveillance is generally prohibited unless linked to a criminal investigation, and even then it must be focused and time-limited.

Are covert recordings admissible as evidence in Irish courts?

It depends on the circumstances. Irish courts and the Workplace Relations Commission have admitted covert recordings when the interests of justice outweigh the privacy rights of the recorded party. The WRC is more likely to accept covert recordings when trust has broken down or when the recorder had no other way to document wrongdoing. Courts assess relevance, proportionality, and how the recording was obtained, and a data protection breach does not automatically exclude the evidence.

What are the penalties for illegally recording someone in Ireland?

Unauthorized interception of telecommunications carries up to 5 years imprisonment under Section 98 of the 1983 Act. GDPR violations can result in fines of up to EUR 20 million or 4% of global annual turnover. Non-consensual intimate image offences under Coco's Law carry up to 7 years imprisonment. Harassment through persistent recording carries up to 7 years on indictment.

Is sharing a deepfake intimate image a crime in Ireland?

Yes. The Harassment, Harmful Communications and Related Offences Act 2020 (Coco's Law) defines intimate image broadly to include AI-generated deepfakes. Distributing or threatening to distribute such an image without consent and with intent to cause harm is a criminal offence carrying up to 7 years imprisonment on indictment. Two 2026 amendment bills are expanding the law further to cover creation of such images and to explicitly include computer-generated imagery.

Can I record court proceedings in Ireland?

Not without the court's express permission. Under S.I. No. 99/2013, only the Courts Service or an authorised person may make a record of proceedings. Unauthorised recording risks a contempt of court finding in addition to any other liability.

Updates

Page refreshed: confirmed the statutory basis of one-party consent (section 98 of the 1983 Act as amended by section 13(3) of the 1993 Act) and added the DPC's May 2026 domestic CCTV guidance, under which the household exemption ends at the property boundary.

Sources and References

  1. Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993(irishstatutebook.ie).gov
  2. Postal and Telecommunications Services Act, 1983 (Section 98)(irishstatutebook.ie).gov
  3. Data Protection Commission - Guidance on the use of Domestic CCTV(dataprotection.ie).gov
  4. Data Protection Commission - Guidance on the Use of CCTV for Data Controllers (Nov 2023)(dataprotection.ie).gov
  5. Criminal Justice (Surveillance) Act 2009(irishstatutebook.ie).gov
  6. Data Protection Act 2018(irishstatutebook.ie).gov
  7. Online Safety and Media Regulation Act 2022(irishstatutebook.ie).gov
  8. Harassment, Harmful Communications and Related Offences Act 2020 (Coco Law)(irishstatutebook.ie).gov
  9. Non-Fatal Offences Against the Person Act, 1997 (Section 10)(irishstatutebook.ie).gov
  10. Garda Siochana (Recording Devices) Act 2023(irishstatutebook.ie).gov
  11. S.I. No. 216/2024 - Garda Siochana (Recording Devices) Act 2023 (Code of Practice) Order 2024(irishstatutebook.ie).gov
  12. S.I. No. 99/2013 - District Court (Recording of Proceedings) Rules 2013(irishstatutebook.ie).gov
  13. S.I. No. 366/2025 - European Union (Artificial Intelligence) (Designation) Regulations 2025(irishstatutebook.ie).gov
  14. Protection of Voice and Image Bill 2025(oireachtas.ie).gov
  15. Harassment, Harmful Communications and Related Offences (Amendment) Bill 2026(oireachtas.ie).gov
  16. Harassment, Harmful Communications and Related Offences (Amendment) (No. 2) Bill 2026(oireachtas.ie).gov
  17. Data Protection Commission - Guidance on Legal Bases for Processing Personal Data(dataprotection.ie).gov
  18. Data Protection Commission - Video Recording Guidance(dataprotection.ie).gov
  19. Data Protection Commission - Photography in Public Places FAQ(dataprotection.ie).gov
  20. Data Protection Commission - Data Protection Legislation Overview(dataprotection.ie).gov
  21. Data Protection Commission - Lawful Processing(dataprotection.ie).gov
  22. Citizens Information - Surveillance at Work(citizensinformation.ie).gov
  23. Citizens Information - Questioning and Surveillance by Gardai(citizensinformation.ie).gov
  24. Courts Service of Ireland - Recording of Proceedings(courts.ie).gov
  25. Courts Service of Ireland - Use of Cameras and Electronic Devices in Court(courts.ie).gov
  26. Constitution of Ireland (Bunreacht na hEireann)(irishstatutebook.ie).gov
  27. S.I. No. 336/2011 - ePrivacy Regulations(irishstatutebook.ie).gov
  28. Minister Jim O Callaghan - Strengthens Lawful Interception Powers(gov.ie).gov
  29. IHREC - Garda Recording Law Human Rights Protections(ihrec.ie).gov
  30. DPC Imposed Fines of EUR 652 Million in 2024 - Law Society Gazette(lawsociety.ie)
  31. Oireachtas Joint Committee on AI - Deepfakes and Consent, February 2026(oireachtas.ie).gov
  32. Coimisiun na Mean - Online Safety Regulation and AI-Generated Harms, February 2026(oireachtas.ie).gov
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