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Recording someone in private - is it legal in Poland?


Ninja
9 Apr 2015  #1
Is it legal to record someone in your own home ? It's a bit wired issue I have... I am picking up a bunch of different girls which often ends up with sex (of course always consensual and no money or anything else involved) but I've read few horror false-rape accusations and...

So I was thinking about hiding voice recorder or even camera in bedroom to have a little backup, question is: is it legal ?
terri 1 | 1,620
9 Apr 2015  #2
You will FIRST need to tell them that they are being recorded and if they answer - oh, OK - then go ahead. You must have that on the tape.

They may not believe you - but at least you've asked.
The problem is that if EVER these recording get out - the girl can sue you for 'invasion of privacy' and a host of other things.
jon357 63 | 14,122
9 Apr 2015  #3
Terri is right, however in an extreme circumstance it would probably be better to be rightly charged with invasion of privacy than wrongly charged with rape. At the moment this is all a bit of a grey area.

One possibility (and security cameras in hotel lifts, apartment block lobbies etc have saved some people from wrongful imprisonment) is a normal security camera in the hallway of your home filming you both saying goodbye and behaving affectionately afterwards and while not excluding the possibility of a rape having occurred, nevertheless acting in your favour if someone has claimed rape but is on camera kissing goodbye and in good spirits after the alleged incident.

Also, in one high-profile case in the UK (the one where the (very rich and immensely privileged but also mentally ill) false accuser alleged a rape to the police after being dumped by someone (even richer an more privileged but not mentally ill) she'd become obsessed with and then committed suicide when charged with attempting to pervert the course of justice) a friendly text message thread on the morning after with her saying how wonderful it was and how much she'd like to meet again etc. saved an innocent person from being prosecuted for a serious crime that is hard to defend against.
Roger5 1 | 1,458
9 Apr 2015  #4
better to be rightly charged with invasion of privacy than wrongly charged with rape

Agreed. I bet there have been lots of guys who would have given anything for such a tape at their trial.

camera in bedroom

Now that would not go down too well in court. Gross infringement.

security camera in the hallway of your home

Sounds good.
terri 1 | 1,620
9 Apr 2015  #5
As an aside - in the same way, when a firm/company rings you up - there are many times when they say that this 'conversation is being recorded for training purposes'.

At the time, you can always say...Please hold on - I need to record this same conversation too 'for verification purposes' - i.e. to make sure that 'your record of the conversation is the same as mine'. This is a useful tool.
InWroclaw 89 | 1,915
9 Apr 2015  #6
If a security/CCTV camera outside a dwelling (on the dwelling or its land) is not hidden, is it still a legal requirement to have a sign/notice displayed warning of its presence and recording?
NocyMrok
9 Apr 2015  #7
When You have fitted CCTV inside Your premises then just tell them something along: "I have CCTV operating within my house for security reasons. It's recording 24/7. Are You ok with that?"
terri 1 | 1,620
10 Apr 2015  #8
There is an article in today's 'Interia', which clearly states that 'as long as you inform the other party' that you are going to record the conversation that the both of you are going to have, then this is perfectly legal. The other person is within his/her rights to tell you that they do not wish to be recorded and stop the conversation altogether. In the same way, you can do this to anyone ringing you.

You can only use the tape for 'verification' purposes i.e. in court, or if there is a dispute of what was actually said. You cannot use the tape to play it to your friends or any third party or put it on any social media network.

This is very useful tool when dealing with banks, insurance companies, telephone companies, salesmen or in fact anyone where a contract or anything to do with money is being mentioned.
Dirk diggler 9 | 4,474
2 Jan 2019  #9
[moved from]

Actually in Poland recording without consent is also questionable and may not be admissible in court as there is precedent for it being thrown out as evidence

kuznicki-pasieka.pl/czy-mozna-nagrywac-rozmowy-bez-zgody-rozmowcy
delphiandomine 83 | 17,626
2 Jan 2019  #10
Actually in Poland recording without consent is also questionable

Yup, it's dependent on the situation. In this case, where the recording is evidence of the crime being committed, then it would probably be accepted in conjunction with other evidence.
Dirk diggler 9 | 4,474
2 Jan 2019  #11
If it can be proven that mooli made the call in Poland then yes Poland would have jurisdiction.If a crime is committed across sovereign borders it falls under interpol and where that person committed the crime. Although yes if it was repeated numerous times with no violent threats it could fall under stalking. He would first have to establish a crime was committed and that Poland has jurisdiction. Nonetheless even with those things I highly doubt Polish courts would be bothered to pursue this criminally unless there were repeated violent threats,then they could get involved but more than likely would simply contact mooli and tell him to cut it out and threaten prosecution if it happens again. Doug could sue in civil court but it'd be an uphill battle.

It's one thing to poke fun at a situation as I often do even towards Poland, US, trump etc. But having clear malice towards something a person holds dear whether it be their country, friend, family is another story so obviously it'll elicit a reaction. When doug has repeatedly called Poles stupid, backward, etc and independence day celebrations a circle jerk, something that my own family bled and died for us to celebrate, I'm going to call him out on it and ask him if he'd repeat those things to his neighbors, his students, etc and how they'd perceive him if they knew he was saying such things
delphiandomine 83 | 17,626
2 Jan 2019  #12
I'm not actually sure that the crime has to be committed in Poland - there were examples where Poland has been investigating crimes involving Polish citizens abroad, after all. I need to read more about it, but I'm actually intrigued now as to how Polish courts would determine jurisdiction. There were other examples where Polish courts have extended/shortened criminal sentences handed out to prisoners extradited to Poland, so it seems that they do have jurisdiction.

But I do think there's a clear difference between your emotional reaction to a situation and Mooli's systematic abuse. One is understandable and could be chalked up to an online disagreement, the other is much more serious.
Dirk diggler 9 | 4,474
5 Jan 2019  #13
Yeah jurisdiction is a tricky thing. Usually with cases involving extradition a defendant either committed crimes in Poland and became a fugitive or they committed crimes in one country that affected Poland or Poles, for example defrauding a Pole or Polish company or the government from another country or trafficking drugs from one country to Poland. Almost never does a country seek extradition for misdemeanors. Some countries like Israel outright refuse to extradite even for the most serious crimes. In other cases countries won't extradite to countries where their crime could result in the death penalty. So if say a murderer comits a murder in USA and flees to Canada the government won't extradite, but then us could lower the charge to like 2nd degree murder or manslaughter in which case Canada would extradite. Right now El chapo is the biggest extradition case going on in the world. The US tried to get him for decades. Now everyone is rolling on him to save their own asses. Mexico didn't want to extradite him though because trying him locally and putting him in jail was a propaganda win for the government. However, after two escapes and realizing how easily his organization could corrupt jail officials they relented and agreed to extradition.

In terms of cyber crime it becomes even more convoluted. That's why numerous countries collaborate with each other and interpol to catch offenders. This happens especially with dark Web drug and gun markets and pedo sites.

With civil cases it's different though. If someone wants to sue you in Poland or us or whatever and move and can't be served there's not much they can do.
MoOli 9 | 484
5 Jan 2019  #14
Ha HA to begin with no call was ever made,Only an invitation to accept WhatsApp and viber lol and that's a crime???Seriously,then why UNCLE FESTER didn't do anything?When I did something like mailing,emailing and called fat mans school why nobody didn't do anything?I will do that again once I get the apportunity including legal action by hiring pvt lawyers.


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