Imagine that a person records a telephone conversation without the knowledge and consent of her interlocutor, nor any legitimate authorisation. What if those records are found by a public authority conducting an administrative investigation? Can this authority use the content of those conversation to prove its case? If the authority is a EU enforcement authority, these questions are far from being self-evident, given the lack of clear exclusionary rules.
Author: Michele Simonato
Michele Simonato is a postdoctoral researcher at Utrecht University.