Recording of a telephone conversation between employees or between employees and employer's representative: admissible evidence under certain conditions

On September 16, 2024, by Decision No. 39/2024 (further referred to as the “Decision”), the Supreme Court ruled that evidence of a recording of a telephone conversation between an employee and another employee or a representative of the employer is admissible in a dispute against the employer, even if the recording was made without the consent and/or prior information of the interlocutor. However, the admissibility of such evidence is contingent upon the necessity to achieve a fair balance between the right to evidence, on the one hand, and the right to privacy, on the other. In this regard, the granting of such evidence by the court must be:

▸indispensable to the exercise of the right to evidence; and

▸strictly proportionate to that purpose.

The Decision is binding from the date of publication in the Official Journal of Romania, Part I.