Legal limitations on recording and using audio recordings without consent

Abstract

Aim: The study aims to present, from a Hungarian legal perspective, the statutory limitations on recording and using audio material made without permission or in violation of the conditions of such permission. It also explores the motivational reasons behind such recordings and the regulatory framework governing their admissibility.

Methodology: This research employs a qualitative approach. The authors conducted a detailed analysis of relevant provisions from the Fundamental Law of Hungary, the Civil Code, the Information Act, and rulings of the Constitutional Court. In addition, selected court decisions were examined to reveal how the legal system addresses cases involving unauthorized audio recordings. This method aimed to provide a comprehensive overview of the legal environment and its practical application.

Findings: The study’s primary conclusion is that making audio recordings without consent raises serious legal and ethical concerns, particularly regarding protecting personal data and human dignity. The authors emphasize that disregarding the principle of purpose-bound data processing undermines the rule of law and erodes public trust in authorities. Future research should focus on how technological and legal tools can help strike a balance between effective justice and the protection of fundamental rights.

Value: The study provides a comprehensive and detailed picture of the legal assessment of the recording and use of audio recordings without consent in Hungary. It is valuable by comparing domestic legislation and judicial practice, and by presenting the challenges of finding a balance between technological development and fundamental rights.