Use of directional microphone: this is what the law says

  • 28 Jun 2018

With directional microphones it is possible to listen to conversations from a distance. Directional microphones are used by the police and organizations such as the FBI. The police need permission from the judge to use directional microphones. As you probably already expect, as a private person you cannot simply use a directional microphone.

How does a directional microphone work?

A directional microphone is different from conventional listening devices. Monitoring devices record conversations, for example to retrieve important information. A directional microphone works like a sound amplifier. This is aimed at the window and in this way vibrations from conversations are absorbed. Thanks to a directional microphone you can listen in live.

Anyone who thinks this is simple is wrong: the use of directional microphones requires knowledge and experience.

Ask for permission from the judge

The police may use a directional microphone for serious crime. For this they first have to ask permission from a judge. The order is issued when it appears to be a more serious crime.

Can you use directional microphones? No, this is not permitted in principle. However, in practice it still happens and in some cases it is an effective way to detect fraud. Consider, for example, an employee who passes on company information to your competitors.

Professional directional microphones intercept conversations up to 200 meters away and are therefore an excellent way to listen. Do you prefer to use traditional listening devices? Then that is of course also possible.

Use listening devices

Eavesdropping equipment is legal in some cases. There must, however, be an important interest in overhearing conversations. This is the case with suspicions of fraud or other crime. With regard to listening devices , there is a wide choice. For example, there is the GSM transmitter and voice recorder with call-back function and there are some other small voice recorders. In addition, there are GSM transmitters that are discreetly concealed in utensils, for example in a power strip or pen.

Listen to the telephone

Different rules apply to monitoring and recording telephone conversations. A telephone conversation may be recorded by one of the participants in the conversation. Do you not participate in a telephone conversation and do you still want to record this conversation? Then you have to adhere to the same regulations that apply to the monitoring of conversations. Special equipment is also available for monitoring telephone conversations.

Eavesdropping without the consent of the other

Should permission be requested from the judge or police for the use of eavesdropping devices? In principle not, but it can be tested whether evidence has been lawfully obtained, this is done afterwards.

We explained above that there must be an important interest for the use of eavesdropping devices. In addition, the privacy of individuals must be taken into account. So audio recordings may never be shared. The material may also not be stored for longer than necessary. If sound recordings have been obtained unlawfully, this may not be used as evidence.



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