Egypt Recording Laws: All-Party Consent Rules and Penalties (2026)

Overview of Egypt Recording Laws

Egypt treats unauthorized recording as a criminal act. The country's legal framework requires the consent of all parties before anyone can record a private conversation, tap a phone line, or capture images of someone in a private setting. This all-party consent requirement sits at the intersection of several overlapping laws: the Penal Code, the Constitution, a relatively new data protection statute, and a cybercrime law that targets the online distribution of recordings.

The foundation of these protections goes back to Article 309(bis) of the Egyptian Penal Code (Law No. 58 of 1937, as amended). But the legal landscape has shifted considerably in recent years. The Personal Data Protection Law No. 151 of 2020 finally received its executive regulations in November 2025, introducing licensing requirements for surveillance cameras and formal rules governing how personal data (including audio and video recordings) must be handled. Meanwhile, Law No. 174 of 2025, a sweeping rewrite of the Code of Criminal Procedures, is scheduled to take effect on October 1, 2026, and will significantly expand the government's authority to monitor private communications.

For anyone living in Egypt, doing business there, or simply traveling through the country, these rules carry real consequences. Violations can lead to prison time, substantial fines, and civil liability.

Constitutional Protections: Article 57

The 2014 Egyptian Constitution establishes privacy as a fundamental right. Article 57 states that private life is "inviolable, safeguarded, and may not be infringed upon."

The article goes further, specifically addressing communications. Postal correspondence, telegrams, electronic messages, telephone calls, and all other forms of communication are constitutionally protected. Their confidentiality is guaranteed, and authorities may only intercept, examine, or monitor them under a judicial order that is limited in duration and confined to circumstances defined by law.

Article 99 reinforces this protection by declaring that any assault on individual freedom or the inviolability of private life constitutes a crime with no statute of limitations. This means someone whose conversations were illegally recorded can pursue legal action regardless of how much time has passed since the violation occurred.

These constitutional provisions serve as the ceiling against which all other recording and surveillance laws are measured. Any statute or government action that conflicts with Article 57 can be challenged before the Supreme Constitutional Court.

Penal Code Article 309(bis): The Core Recording Prohibition

Article 309(bis) of the Egyptian Penal Code is the primary criminal statute governing unauthorized recording. Added through amendments to the original 1937 Penal Code, it criminalizes several specific acts:

• Eavesdropping on or recording conversations that take place in a private setting
• Recording or transmitting telephone calls using any type of device
• Photographing or filming a person in a private place without their knowledge
• Broadcasting or facilitating the broadcast of any recording or document obtained through the above methods

The law covers recordings made through any instrument or device, regardless of the technology used. A smartphone voice memo, a hidden microphone, a wiretap device, or a video camera all fall within the statute's reach.

Penalties for Civilians

Any person who violates Article 309(bis) faces detention for a period not exceeding one year. Courts can also impose fines alongside the prison sentence. The conviction carries a permanent criminal record, which can affect employment, travel, and professional licensing.

Enhanced Penalties for Public Employees

When a public employee commits these same offenses, the penalties increase dramatically. Government officials, police officers, military personnel, and other state employees who eavesdrop on, capture, record, or transfer audio or video of someone without authorization face imprisonment of 3 to 15 years.

This sentencing gap reflects the Egyptian legislature's recognition that government agents hold disproportionate power over citizens. The harsher penalties serve as both a deterrent and a signal that abuse of official authority will be treated far more severely than violations by private individuals.

Article 309(bis)(A): Extended Provisions

Article 309(bis)(A) extends the criminal framework to cover additional scenarios. It addresses the use of illegally obtained recordings for purposes beyond simple eavesdropping, including threatening someone with the release of a private conversation. When a recording is used as leverage for blackmail, the penalties escalate to up to five years in prison.

The article also covers situations where someone facilitates or distributes an illegal recording even if they were not the person who originally made it. Passing along a secretly recorded conversation to third parties is itself a criminal act.

Phone Recording vs. In-Person Recording

Egyptian law draws no meaningful distinction between recording a phone call and recording a face-to-face conversation. Both require the consent of all parties involved, and both carry identical penalties under Article 309(bis) when conducted without authorization.

Phone Calls

Recording a phone call without the knowledge and consent of the other party is a criminal offense. This applies whether the call is made on a landline, mobile phone, or internet-based communication platform. The law covers calls made through any device or technology.

However, Egyptian courts have carved out a narrow but significant exception. The Court of Cassation (Egypt's highest court of appeal) has ruled that recordings of phone calls are admissible as evidence when the call itself constitutes a crime or incites criminal activity. In a notable harassment case, the Court held that a victim's phone recording of threatening or harassing calls did not require prior judicial permission because such calls fall outside the constitutional protection of private communications.

This exception is narrowly defined. It applies only when the recorded conversation is itself illegal, such as verbal harassment, threats, extortion, or solicitation of a crime. Recording a lawful conversation without consent remains prohibited regardless of the caller's subjective motivations.

In-Person Conversations

Conversations in private settings receive the same legal protection as phone calls. Recording someone speaking in a home, office, hotel room, or any other private space without their consent violates Article 309(bis).

The key legal distinction is between "private" and "public" settings. A conversation held in a private office is protected. A speech delivered at a public rally generally is not. But the line between these categories is not always clear, and Egyptian courts examine the specific circumstances of each case.

Blackmail and Extortion Using Recordings

Egypt treats the weaponization of recordings with particular severity. Multiple statutes intersect to create a layered system of penalties for anyone who uses a recording to threaten, coerce, or extort another person.

Penal Code Article 327

Article 327 of the Penal Code criminalizes threatening another person in writing with a crime against their life, property, or reputation. When someone threatens to release a private recording unless their demands are met, this provision applies. The term "writing" has been interpreted by Egyptian courts to include electronic communications, text messages, social media messages, and emails.

If the threat is accompanied by a specific demand or instruction, the offense carries a sentence of imprisonment. The severity of the sentence depends on the nature of the threat and the demand attached to it.

Article 309(bis)(A) Blackmail Provisions

Using an illegally obtained recording to blackmail someone carries penalties of up to five years in prison under Article 309(bis)(A). This applies regardless of whether the blackmailer actually made the recording themselves or obtained it from someone else.

Anti-Cybercrime Law Provisions

When blackmail involving recordings occurs through digital channels, the Anti-Cybercrime Law (Law 175/2018) adds an additional layer of criminal exposure, with minimum sentences of six months and fines starting at EGP 50,000.

Anti-Cybercrime Law (Law 175/2018): Sharing Recordings Online

Egypt's Anti-Cybercrime Law No. 175 of 2018 specifically targets the digital distribution of recordings and personal content. Article 25 of this law creates standalone criminal penalties for sharing recordings and images online without consent.

What Article 25 Prohibits

The law makes it a crime to post videos, photos, or texts of another person on websites or social media platforms without their consent and in violation of their privacy. It also prohibits publishing information, news, or images that infringe on the privacy of any person involuntarily, regardless of whether the information is accurate.

Penalties Under Article 25

Violators face a minimum of six months in prison and/or a fine of no less than EGP 50,000 and no more than EGP 100,000. These penalties apply even if the shared content is truthful. The law's focus is on the act of sharing without consent, not on the accuracy of what was shared.

Broader Scope

Article 25 reaches beyond simple recordings. It covers any content that "infringes family principles or values of Egyptian society." Courts have interpreted this broadly. In several high-profile cases, individuals have been prosecuted for sharing videos on TikTok and other social media platforms under this provision.

The law applies regardless of where the person sharing the content is physically located, as long as the content is accessible in Egypt or involves an Egyptian citizen.

Personal Data Protection Law (Law 151/2020)

Egypt's Personal Data Protection Law No. 151 of 2020 represents the country's first comprehensive data privacy statute. After years of delay, the Ministry of Communications and Information Technology issued the law's Executive Regulations on November 1, 2025, through Ministerial Decree No. 816 of 2025. Organizations have until November 1, 2026, to achieve full compliance.

How the PDPL Affects Recording

The PDPL classifies audio recordings, video footage, and photographs as personal data when they can identify an individual. This means that recording someone, even in a context where Article 309(bis) might not directly apply, can still violate the PDPL if the recording captures identifiable personal data and proper consent was not obtained.

CCTV and Visual Surveillance Licensing

One of the most significant provisions for recording law is the PDPL's requirement that any visual surveillance system deployed in a public space must be licensed by the Personal Data Protection Centre (PDPC). This applies to businesses, government offices, commercial establishments, and any entity operating CCTV cameras that capture identifiable individuals.

The licensing requirement does not apply to CCTV systems installed within private residences, provided the camera coverage does not extend beyond the property boundaries.

Consent Requirements

The PDPL mandates explicit prior consent before processing personal data. For sensitive data categories, which include biometric identifiers captured by surveillance systems, explicit written consent is required. Controllers must clearly state the purpose of data collection and cannot use recordings for purposes beyond what was originally disclosed.

Penalties for PDPL Violations

The penalties under the PDPL are substantial:

• Unlicensed data processing: EGP 500,000 to EGP 5 million
• Failure to appoint a Data Protection Officer: EGP 200,000 to EGP 2 million
• Data security breaches: EGP 300,000 to EGP 3 million
• Repeat offenses: penalties are doubled
• Criminal liability in certain cases

Data Protection Centre

The PDPC has been established as the supervisory authority responsible for enforcement. Its investigators have judicial authority, including the power to inspect electronic records and conduct on-site compliance assessments. The PDPC's official website is now operational.

2025 Code of Criminal Procedures Reform (Law 174/2025)

On November 12, 2025, President Abdel Fattah el-Sisi ratified Law No. 174 of 2025, a comprehensive rewrite of Egypt's Code of Criminal Procedures. The new code comprises 546 provisions and is scheduled to take effect on October 1, 2026. Articles 79 and 80 directly address government surveillance and recording powers.

Article 79: Seizure and Monitoring Powers

Article 79 authorizes investigating judges to order the seizure of communications, letters, telegrams, newspapers, publications, and parcels. It also permits the monitoring of wired and wireless communications, social media accounts (including private content), emails, and messages stored on phones and electronic devices.

These orders can be issued when deemed "beneficial for uncovering the truth" in any felony or misdemeanor punishable by more than three months of imprisonment. That threshold covers the vast majority of criminal offenses in Egypt.

Article 80: Duration and Renewal

Surveillance orders under Article 80 may be issued for periods not exceeding 30 days. However, the orders can be renewed indefinitely in 30-day increments. There is no maximum total duration written into the law, which means surveillance of a single individual could theoretically continue for months or years through successive renewals.

Article 116: Prosecutorial Authority

Article 116 breaks new ground by transferring certain interception powers directly to public prosecutors, without requiring prior judicial approval. This is the first time in Egypt's legislative history that prosecutors have been granted standalone authority to order communication monitoring. The provision applies to specific categories of offenses, including crimes involving intentional harm to public property and defamation via phone calls.

Privacy Concerns

The Egyptian Initiative for Personal Rights, the UN Office of the High Commissioner for Human Rights, Article 19, Access Now, and several other organizations have raised serious concerns about these provisions. Critics argue that the vague language, unlimited renewal periods, and lack of notification requirements conflict with Article 57 of the Constitution, which mandates that communication monitoring be limited in duration and scope.

There is no mechanism in the new code requiring authorities to notify individuals after surveillance has ended, which denies targets the opportunity to challenge the legality of the monitoring.

Public Spaces and Photography Rules

Egypt's rules on photography and recording in public places were significantly updated in 2022. Prime Ministerial Decree No. 2720 of 2022 established new guidelines that apply throughout Egyptian territory.

What Is Permitted

Egyptians, foreign residents, and tourists may take personal photos in most public places using any type of camera, including smartphone cameras and personal video cameras, without obtaining prior permission from Egyptian authorities. No permits or fees are required for personal photography.

Restrictions

The decree imposes several important limits:

• Photographing military installations, security institutions, and government buildings is prohibited
• Photographing children requires written permission
• Photographing Egyptian citizens requires their written consent
• Taking or sharing photographs that "damage the country's image" is forbidden
• Professional photography equipment (studio lighting, tripods that block roads, etc.) requires a separate permit
• Foreign journalists and television crews must obtain permits from the State Information Service before filming in public places

Relationship to Recording Laws

The 2022 decree addresses photography and video in public spaces, but it does not override the Penal Code's protections for private conversations. Recording someone's words in a public park, for example, may not violate the photography decree but could still violate Article 309(bis) if the conversation was private in nature.

Workplace Recording and Employee Monitoring

Egyptian labor law does not contain specific provisions governing workplace recording. Instead, workplace surveillance falls under the broader framework of the Constitution, the Penal Code, and (as of November 2025) the PDPL.

CCTV in the Workplace

Employers may install security cameras in common areas such as lobbies, hallways, and production floors. However, the PDPL now requires that any CCTV system capturing identifiable individuals in spaces accessible to the public must be licensed by the PDPC. Cameras in areas where employees have a reasonable expectation of privacy, such as restrooms, changing rooms, or private offices, are prohibited under both the Penal Code and constitutional privacy protections.

Audio Recording at Work

Recording workplace conversations without the consent of all parties remains a criminal offense under Article 309(bis). An employer cannot secretly record meetings, phone calls, or private discussions among employees. If an employer needs to record calls for quality assurance or training purposes, it must obtain explicit consent from all parties to the conversation.

PDPL Compliance for Employers

Under the PDPL executive regulations, employers who process employee personal data (including through monitoring systems) must:

• Obtain explicit consent for data collection
• Appoint a Data Protection Officer
• Register with the PDPC
• Implement data breach notification procedures (72 hours to the PDPC, three working days to affected individuals)
• Delete surveillance footage once its stated purpose has been fulfilled

The November 2026 compliance deadline applies to workplace surveillance systems alongside all other data processing activities.

Penalties Summary

Egyptian law imposes a range of penalties for recording violations, depending on which statute is invoked:

Offense	Law	Penalty
Unauthorized recording (civilian)	Penal Code Art. 309(bis)	Up to 1 year imprisonment
Unauthorized recording (public employee)	Penal Code Art. 309(bis)	3 to 15 years imprisonment
Blackmail using recordings	Penal Code Art. 309(bis)(A)	Up to 5 years imprisonment
Written threats involving recordings	Penal Code Art. 327	Imprisonment (variable)
Sharing recordings online without consent	Anti-Cybercrime Law Art. 25	Min. 6 months prison + EGP 50,000-100,000 fine
Unlicensed CCTV/data processing	PDPL (Law 151/2020)	EGP 500,000 to 5 million fine
Failure to appoint DPO	PDPL (Law 151/2020)	EGP 200,000 to 2 million fine
Data breach mishandling	PDPL (Law 151/2020)	EGP 300,000 to 3 million fine

Multiple statutes can apply to a single incident. Someone who secretly records a conversation and then posts it on social media could face charges under Article 309(bis), the Anti-Cybercrime Law, and the PDPL simultaneously.

Business Compliance Checklist

Organizations operating in Egypt should take the following steps to comply with the country's recording and surveillance laws:

• Audit existing CCTV systems and apply for PDPC licensing before the November 2026 deadline
• Post clear signage at all locations where surveillance cameras operate
• Obtain explicit consent before recording any phone call for business purposes
• Appoint a Data Protection Officer and register with the PDPC
• Draft a data retention policy specifying how long surveillance footage and call recordings are stored
• Implement breach notification procedures to meet the 72-hour reporting deadline
• Train employees on recording laws, particularly the prohibition against recording colleagues without consent
• Review cross-border data transfers if surveillance footage or call recordings are stored on servers outside Egypt
• Consult local legal counsel to ensure compliance with both the PDPL executive regulations and any sector-specific requirements