Would it be legal recording conversations with your boss or your colleagues in Spain?

Recording conversations with your boss or your colleagues can be totally legal. What if they are going to fire me and I consider that it is due to clearly inappropriate reasons. Could I record the conversation with my boss to provide as evidence? The recording of conversations can be very useful in this sense and even in the criminal field for the indictment of certain types of crimes.

Article 90 of the Law Regulating the Social Jurisdiction includes the admissibility of these elements as means of proof to expose the controversial facts. However, the way in which we acquire these recordings must be extremely rigorous with respect to fundamental rights if we do not want the evidence to be considered illegal.

This is reflected in the second section of the aforementioned precept, article 11.1 of the Organic Law of the Judiciary and the Spanish Constitutional Court itself in its important and pioneering Precedent/Jurisprudence STC 114/1984, of November 29th, when establishing that evidence that had its origin or have been obtained by violating, directly or indirectly, fundamental rights.

The most important thing we must take into account is our participation in the conversation that is being recorded. This is where the difference between recording the conversations of others or with others comes in. Since the Sentence STC114/1984, of November 29th, it has clearly been pointed out that recording conversations in which we are interlocutors can in no way imply a violation of article 18.3 CE (Spanish Constitution).


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