Frequently asked questions about phone calls

Citizens have the right to record telephone calls in which they are the caller or receiver. Finland’s Constitution gives the right to record your own communications, and neither has it been criminalised in the Criminal Code's provisions on the protection of communications.

The further use of such recordings is a different matter, however. If you play the recordings to others, you should make sure that you are not guilty of, for example, defamation, dissemination of information violating personal privacy or disclosing confidential information (e.g. information concerning the person's state of health). In this regard, legality cannot be evaluated without knowing the contents of the recording, its intended purpose and the persons to whom it will be played.

Companies and authorities need an approved legal basis for processing in order to record telephone calls and thus collect personal data. For example, personal data can be collected and stored if there is a customer relationship between the parties or the processing is required for the performance of a statutory duty. Certain sectors, such as Emergency Response Centres, are subject to regulations that require them to record their telephone calls.

Companies have the right to record telephone conversations with customers in order to verify the transaction (e.g. recording an order placed by a consumer). Authorities can also record calls if they have a legal basis for processing the personal data. Recordings made in connection with the activities of authorities are also official documents as referred to in the Act on the Openness of Government Activities. Official documents are public unless otherwise required by the processing phase of the case, grounds for confidentiality or another Act.

The conversation partner must always be informed of the collection of personal data (incl. recording the call). The manner of this notification is left to the discretion of the controller. The data subject can be informed of the collection of data at the start of the call or earlier, such as in the agreement on which the customer relationship is based. A simple mention on the website will not suffice, as the information may not reach everyone.