
Unlawful Eavesdropping and Violation of Communication Confidentiality (Sniffing) – Article 267 § 3 of the Polish Penal Code
Legal Basis
Article 267 § 1 of the Polish Penal Code
Anyone who, without authorization, gains access to information not intended for them by opening a sealed letter, connecting to a telecommunications network, or bypassing electronic, magnetic, IT, or other special security measures is subject to a fine, restriction of liberty, or imprisonment for up to 2 years.
Article 267 § 2 of the Polish Penal Code
The same penalty applies to anyone who, without authorization, gains access to all or part of an IT system.
Article 267 § 3 of the Polish Penal Code
The same penalty applies to anyone who, in order to obtain information they are not entitled to, installs or uses an eavesdropping device, visual device, or any other device or software.
What Constitutes the Crime of Unlawful Use of an Eavesdropping Device?
Article 267 § 3 of the Polish Penal Code protects the confidentiality of information transmission. Punishable eavesdropping involves intercepting the content of information during communication or using eavesdropping, visual, or other technical devices or software to obtain information.
To hold an individual liable for eavesdropping, a crucial condition is the lack of entitlement to the obtained information. The confidential nature of the information is assessed based on the intent of the participants in the conversation rather than solely on the content of the message (Supreme Court ruling of February 27, 2016, OSNKW 2016, No. 8, item 540).
Forms of Committing the Offense
The offense can be committed through:
- Installing eavesdropping devices – any actions involving the installation of devices designed to intercept information (W. Wróbel, Kodeks Karny, vol. II, 2007, p. 1293).
- Using an eavesdropping, visual, or other device or software – involves utilizing such tools to obtain information. Examples of such devices include:
- Camera
- Tape recorder
- Voice recorder
- Microphone
- Mobile phone
- Computer
- Using spyware, such as:
- Trojan horse (trojan) – seemingly harmless software that enables a hacker to act against the user’s intent.
- Spyware – software that transmits a user’s personal data, passwords, or credit card numbers to the person operating it.
- Backdoor – software that allows a hacker to bypass security measures and access an operating system.
- Keylogger – software that records keystrokes to capture passwords and other confidential data.
Criminal Liability
This offense is punishable by:
- A fine,
- Restriction of liberty,
- Imprisonment for up to 2 years.
This is a crime prosecuted only upon the victim’s request.
Examples of Unlawful Eavesdropping Acts
Installing an eavesdropping device in public or private places, such as:
- At a restaurant table,
- In a car,
- In a hotel room,
- In a conference room.
Unlawful location monitoring
Installing a tracking device in someone else’s vehicle to record their travel route and location constitutes a criminal offense under Article 267 § 3 of the Polish Penal Code.
Eavesdropping in Divorce Cases – Court Example
The accused, from late May 2019 for about two weeks in B., used spyware installed on her husband Z.F.’s work phone to obtain information she was not entitled to. Her goal was to detect marital infidelity and gather evidence for divorce proceedings. As a result, she unlawfully accessed information not intended for her, thereby acting to the detriment of Z.F. (District Court in Bełchatów, case no. II K 169/21).
Legal Issues
1. When Is Using an Eavesdropping Device Not a Crime?
A person does not commit an offense if they use an eavesdropping device to obtain information they are entitled to.
2. Can a Private Investigator Use Eavesdropping Devices?
A private investigator who uses eavesdropping without proper authorization bears the same criminal liability as any other person.
According to Article 45 of the Private Investigative Services Act, private investigators are prohibited from performing activities reserved for state authorities. They must adhere to ethical principles, loyalty to clients, and respect human rights (Article 6 of the Act).
Furthermore, under Article 7 of the Act, a private investigator cannot use technical measures, operational methods, or surveillance techniques reserved for law enforcement authorities.
3. Defamation in Private Conversations and Protection of Personal Rights
A private, confidential conversation does not violate the dignity of a third party who is not involved in the discussion. As a result, such a third party has no right to record the conversation.
Recording a private conversation is illegal and constitutes a criminal and civil offense (P. Księżak, MOP, „Non-public Defamation and the Admissibility and Consequences of Recording and Filming Private Situations – Commentary on Ruling V CSK 361/13”).
Legal Status as of August 22, 2021






