In situations of tension in the workplace, employees sometimes wonder whether they can record a meeting with their direct supervisor in order to keep evidence of what was said.
Although the question may seem straightforward, the answer requires caution.
Under Portuguese law, recording private conversations without consent may constitute a criminal offence. Article 199 of the Portuguese Criminal Code establishes the offence of unlawful recordings and photographs, which applies to anyone who records words spoken by another person without their consent when those words are not intended for the public.
A work meeting will generally fall within this type of private communication. For that reason, recording a conversation with a direct supervisor without their knowledge may raise legal concerns.
The issue is also linked to the protection of personality rights. The Portuguese Constitution recognises the right to privacy and to the protection of one’s spoken words, which includes safeguarding communications between individuals when they are not intended for the public.
In the employment context, the matter may also be considered in light of the employee’s duties. The Portuguese Labour Code establishes a duty of loyalty towards the employer, which presupposes a relationship of trust between the parties.
A recording made without the knowledge of the other participants may, in certain circumstances, undermine that trust.
The situation is different where all participants are aware that the meeting is being recorded and agree to it. In such cases, the recording will generally not raise legal concerns.
For this reason, whenever there is an intention to record a work meeting, the safest and simplest approach is to inform the participants in advance and obtain their consent.
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