High Court rules telephone recordings are admissible in certain circumstances

At a glance

• On 16 September 2024, the Romanian High Court of Justice decided that recordings of telephone conversations between employees or between employees and employer representatives are admissible as evidence in employment litigation initiated against the employer even if the recording was not agreed and / or notified in advance.
• However, admissibility is still conditional upon securing a just balance between evidence-related rights and privacy, meaning that the recording must be 'indispensable' to the scope of the evidence and strictly proportional to this scope.
• Written reasons for the ruling are not available yet, so further developments / implications might arise once these are published.