On February 3, 1995, the Law on the protection of privacy against wiretapping, monitoring and recording of private communications (June 30, 1994) entered into force.

The Law penalises with imprisonment of 6 to 12 months and/or a fine of at present 40,000 BEF to 2 million BEF, amongst other things, the intentional listening in, wiretapping or recording of private communications during their transmission, by any person not participating in such communication and using any device thereto. A person knowingly using or disclosing the contents of such communications illegally obtained or recorded is subject to imprisonment of 6 to 24 months and/or a fine of at present between 100,000 BEF and 4 million BEF.

The Law applies to any private communications irrespective of the place where they are made from; this means for instance that communications between employees at work can also be covered provided that they are of a private nature.

Only in exceptional cases, with the authorisation of the Investigating Judge and for the investigation of certain serious crimes, can such wiretappings, monitoring and recordings be authorised for limited periods.

In Parliament, the Minister of Justice confirmed that the Law did not apply to certain accepted social and business practices such as the recording of business communications with clients (e.g., to register telephone orders) for personal use - the Law in fact expressly refers to recordings of such communications by a person not participating in such communication. Such recordings can then be used as evidence in civil or commercial matters, the court freely deciding on the value of such tapes as evidence. Illegal use (e.g., for blackmailing) of recordings legally made is penalised. Another example of a practice not covered by the Law is the fact of having persons who are lawfully in the neighbourhood of a communication listening in to that conversation (for instance the use of conference calls by a director negotiating while his secretary takes notes).

The content of this article is intended to provide general information on the subject matter. It is therefore not a substitute for specialist advice.

De Bandt, van Hecke & Lagae - Brussels. (32-2)517.91.40.

For further information contact Vincent Macq on + 32.2. 517.94.47.