Wiretaps, Recordings and Trackers: What Is a Crime in Portugal

Quick answer

In Portugal, listening in on, recording or tracking another person without their consent may be a crime, even if it is your spouse, partner, a relative or an employee. The most relevant offences are invasion of privacy (art. 192 of the Criminal Code), breach of telecommunications (art. 194), unlawful recordings and photographs (art. 199), stalking (art. 154-A) and, under the Cybercrime Law, unlawful access and unlawful interception. Beyond the criminal risk, evidence obtained this way may be declared invalid in court. This article is for information only and is no substitute for a lawyer's advice.

Why this matters

Every week we receive requests from people who want to "tap their husband's phone", "put a GPS on their ex's car" or "secretly record their business partner". Our answer is always the same: we don't do it and we advise against it. Not only for ethical reasons, but because anyone who does it exposes themselves to criminal proceedings and often destroys their own case. Our work is the opposite: detecting and protecting people who are being watched.

The main offences

Invasion of privacy (art. 192 of the Criminal Code)

This offence is committed by anyone who, without consent and with the intention of intruding on another person's private life, in particular the intimacy of family or sexual life:

• intercepts, records, logs, uses, transmits or discloses conversations, phone communications, emails or itemised billing;

• captures, photographs, films or discloses images of the person or of intimate spaces;

• secretly watches or listens to people who are in a private place;

• discloses facts about another person's private life or serious illness.

This is where home bugging, hidden microphones and, depending on the case, the permanent tracking of someone by GPS usually fall.

Breach of correspondence or telecommunications (art. 194)

Covers opening sealed correspondence addressed to another person and interfering with the content of telecommunications or learning of it without consent. Reading someone's messages through a WhatsApp Web session opened behind their back may fall under this.

Unlawful recordings and photographs (art. 199)

This is the article that surprises people most. It is an offence to, without consent, record words spoken by another person that are not intended for the public, even if they are addressed to you, or to use those recordings. The same applies to photographing or filming someone against their will, or using those images.

In practice, this means that recording a conversation you take part in, without the other person knowing, is, as a rule, a crime in Portugal. The courts have accepted very narrow exceptions (for example, when the recording is the only way to document a crime of which you are the victim), but these are assessed case by case and should not be assumed. Before recording anyone, speak to a lawyer.

Stalking (art. 154-A)

Punishes anyone who repeatedly pursues or harasses another person, by any means, directly or indirectly, in a way likely to cause them fear or unease or to restrict their freedom. Following someone with a tracker, monitoring their location on their phone or persistently monitoring their social media may amount to this offence.

Domestic violence (art. 152)

When the surveillance takes place within a marriage, a dating relationship or between former partners, and is part of a pattern of control, it may be classed as domestic violence, a public crime (prosecuted without the need for a complaint). If this is your situation, read Stalking and technological control: trackers, cameras and spyware.

Cybercrime Law (Law no. 109/2009)

• Unlawful access (art. 6): accessing a computer system without authorisation, such as another person's phone, computer or account.

• Unlawful interception (art. 7): intercepting, by technical means, data transmissions within a computer system.

Installing a spy app on another person's phone usually involves both.

Practical cases

Installing a spy app on your partner's phone

It may involve unlawful access, unlawful interception, invasion of privacy and breach of telecommunications. Being married, living together or having paid for the phone does not authorise access.

Putting a GPS tracker or AirTag on another person's car

It may amount to invasion of privacy and, if repeated and causing fear, stalking. Even if the car is in your name, if someone else uses it, the location is theirs. See how to detect these devices in AirTag or hidden tracker: how to tell.

Recording a conversation with your ex-spouse to use in court

As a rule, this falls under unlawful recordings (art. 199). Beyond the criminal risk, the Constitution (art. 32(8)) declares null any evidence obtained through abusive intrusion into private life or telecommunications. Many people lose the evidence and gain a criminal case.

Cameras at home

Having security cameras in your own home is generally possible, but with limits: they must not capture the public street or third parties' property, they must be disclosed to anyone who works or lives in the home, and it is not acceptable to secretly film or record sound of other residents or guests. For holiday rentals, see Cameras and bugs in homes and holiday rentals.

Monitoring employees

The Labour Code (art. 20) generally prohibits the use of remote surveillance to monitor employees' performance, and art. 22 protects the confidentiality of their personal messages. CCTV and the geolocation of company vehicles are subject to the GDPR, Law no. 58/2019 and the guidelines of the CNPD (the Portuguese data protection authority).

What you can legitimately do

• Check your own devices, accounts and premises for bugs, cameras, trackers or spyware.

• Request a technical sweep of your home, car, office or phone.

• Preserve the evidence of what you find (photographs, serial number, technical report) and file a complaint.

• Use a lawful private investigation, carried out in public places and within the limits of the law, to gather facts. See how we work on our ethics and professional conduct page.

What we do (and what we don't)

We don't do: wiretaps, installing spy apps, accessing third parties' accounts, placing trackers on other people or their vehicles, or unlawful recordings.

We do: electronic sweeps and detection of bugs, cameras and GPS, technical phone analysis (the phone stays with us for about 12 hours, with a written report) and digital forensics. Appointments are booked 24 hours in advance.

About us

Detetives Privados Portugal is coordinated by Alexandre Ribeiro, a private detective with experience since 2001 and a member of WAD (no. 1687), APDPE (no. 1326), LIDEPPE (no. 33) and IKD. We work throughout the country, with teams in Porto and Lisbon.

The initial assessment is free and confidential, with a fixed quote. Call +351 936 225 975 (24-hour answering) or write to us via the contact page.

Frequently asked questions

Is recording a conversation without permission a crime in Portugal?

As a rule, yes. Article 199 of the Criminal Code punishes anyone who records, without consent, another person's words not intended for the public, even if they are addressed to them. The exceptions accepted by the courts are very narrow and should be assessed with a lawyer.

Can I put a GPS tracker on my husband's or wife's car?

You should not. Tracking another person without their knowledge may amount to invasion of privacy and, if repeated, stalking, even between spouses and even if the car is in your name.

Is installing a spy app on someone else's phone a crime?

It can be. It may involve unlawful access and unlawful interception (Cybercrime Law), invasion of privacy and breach of telecommunications (Criminal Code).

Can a secret recording be used as evidence in court?

As a rule, no. The Constitution declares null any evidence obtained through abusive intrusion into private life or telecommunications, and the person who made the recording may face criminal liability.

What can I do if I find out I'm being bugged or followed?

Don't confront the person, preserve the evidence (photographs, serial number, technical report) and file a complaint with the PSP, GNR, PJ (police) or the Public Prosecutor's Office. A technical sweep helps identify and document the devices.

Can a private detective carry out wiretaps?

No. A private detective cannot carry out wiretaps, install spyware or access third parties' accounts. Our work in this area is to detect and document illegal surveillance carried out against our clients.