Here’s a breakdown of what happens under UK and Spanish law when phone-calls are recorded/intercepted between parties in the UK and Spain — covering risks, rights, and consequences for all parties involved. This is for general informational purposes only and not legal advice.
🇬🇧 UK side
✔ When recording is allowed
- If you are a participant in the call (so you heard it/live it) you may record it for your own use without informing the other person. Sonetel+2Go Legal+2
- But if you share, publish or use that recording (especially with identifiable personal data) then it may trigger the Data Protection Act 2018 & UK GDPR (for personal data) or the Regulation of Investigatory Powers Act 2000 (for interception) issues. Go Legal+2Contend Legal+2
✖ When recording/interception is illegal
- If you are not a participant and you intercept someone else’s call without lawful authority, this can be a criminal offence (e.g., under RIPA) because you are intercepting communications you’re not party to. Contend Legal+1
- Even if you are a participant, if you disclose/share the content, especially with sensitive personal data, you could face regulatory or civil penalties (Data Protection). Go Legal+1
✅ Consequences in the UK
- Criminal prosecution possible for interception without lawful authority. Qredible+1
- Regulatory actions: If the content qualifies as “personal data” under UK GDPR, you can face fines (potentially very large) from the Information Commissioner’s Office (ICO) for misuse of the recordings. Go Legal
- Civil liability: The person recorded might sue for misuse of personal data, breach of privacy, or distress.
🇪🇸 Spain side
✔ When recording is allowed
- If you are a party to the conversation (you’re in it) then you can record it without necessarily obtaining the other party’s consent. In Spain this is broadly allowed in some cases. Spain Law Hub+1
✖ When it becomes illegal
- If you are not a participant, or you intercept someone’s private communications covertly, or you share them without consent, then the act can be a criminal offence under Artículo 197 del Código Penal Español (discovery and revelation of secrets). legalallies.es+2barrilero.com+2
- Also, in the business context or if the participant did not know, there are stricter rules and potential fines / criminal charges. GESDITEL+1
✅ Consequences in Spain
- Criminal penalties: under Article 197 CP, intercepting or recording without proper consent can lead to 1-4 years imprisonment (or more if sharing) in serious cases. Wikipedia+1
- If the recordings are used as evidence but obtained illegally, they may be inadmissible. barrilero.com+1
- Civil liability: for violation of privacy rights, you may be liable for damages or other civil consequences.
🌍 When it involves a call between UK ↔ Spain
Since a cross-border call involves both jurisdictions, the legal implications become more complex. Important considerations:
- The laws of both countries may apply (UK law for the UK side, Spanish law for the Spanish side).
- If one party is in Spain and the call is recorded without consent (and especially if the recorder is not a participant), Spain’s Article 197 regime could apply.
- On the UK side, if you share or publish a recording (especially involving Spanish party) you may trigger UK data privacy laws and possibly Spanish liability too.
- If the recording is made for personal use and you are a participant, you might be safe (in UK) but if you then send it to someone or publish it, risk arises.
- If the recording is made covertly when not a participant, then both jurisdictions may consider it unlawful interception.
📝 Summary for all parties:
- Recorder (UK or Spain): If you record a call you’re party to for personal use – lower risk, but still mindful of sharing / publishing. If you record without being a party or share it widely – high risk of criminal and civil consequence.
- Other participant (UK/Spain): You have privacy rights. If someone records you without your involvement or intercepts your communications, you likely have legal recourse.
- Recipient/share-ever of a recording: If you receive/share a recording that was made illegally, you may become complicit in its dissemination and could face liability.
