Recording job interviews in Portugal: Penal Code article 199, Law 58/2019 and the CNPD

In Portugal, recording a job interview without the candidate's consent is a crime, even though you are part of the conversation. Article 199 of the Penal Code punishes anyone who, without consent, records words spoken by another person and not intended for the public, "even if they are addressed to him," with up to one year in prison or a fine. Data protection law then governs the recording and transcript: the GDPR, Law 58/2019 that implements it, and the Labour Code's limits on what employers may ask candidates. As of October 2026, get a clear yes before you record or transcribe, and keep the recording only for the hiring decision.

This page adds Portugal to our country series alongside Spain, Germany and France. It is for recruiters, agency consultants and hiring managers who interview candidates located in Portugal by video or phone, including from the US. Quotations from Portuguese statutes and guidance are our translations.

Portugal's rules at a glance

Is it legal to record a job interview in Portugal?

Only with consent. Article 199 of the Penal Code, headed "unlawful recordings and photographs," provides in paragraph 1 that whoever, without consent, "(a) records words spoken by another person and not intended for the public, even if they are addressed to him; or (b) uses or allows the use of the recordings referred to in the previous point, even if lawfully made," is punished with imprisonment of up to one year or a fine of up to 240 days. The words "even if they are addressed to him" close the participant loophole that exists in Spain or the US one-party states: a recruiter recording their own interview needs the candidate's consent.

Point (b) matters for agencies. Using a recording, or letting others use it, is a separate offence without consent, so the consent should cover who will hear it, for example the client's hiring manager. Paragraph 3 applies articles 197 and 198, and article 198 makes prosecution depend on a complaint by the person affected. The Constitution sets the background: article 26(1) recognizes everyone's rights "to their image, to their word, to the privacy of their private and family life" (Constitution, art. 26).

Video interviews

Paragraph 2 of article 199 applies the same penalty to anyone who, "against their will," photographs or films another person, "even at events in which they legitimately took part," or uses such images. If your tool records video, ask about video separately, or configure it to keep audio or text only.

Calls through a third party

Law 41/2004, article 4(2), prohibits listening in, installing listening devices, storing or other means of intercepting or monitoring communications "by third parties without the prior and express consent of the users," except where the law allows it. Article 4(3) permits lawfully authorized recordings made in lawful commercial practice to prove a transaction or other contractual communication, "provided that the data subject has been informed of it and has given consent." Neither exception was written for job interviews; both point the same way, toward informed consent.

What do the GDPR and Law 58/2019 require?

The recording and transcript are personal data, so the GDPR applies: a lawful basis, Article 13 information when you collect the data, minimization, a retention limit and the candidate's rights. Law 58/2019, Portugal's implementing law, applies to processing in Portuguese territory and, under article 2(2), to processing outside it that affects data subjects in Portugal where Article 3(2) GDPR applies. Its article 28(1) says an employer may process its workers' data "for the purposes and within the limits defined in the Labour Code," and article 28(4) limits images and other data recorded through remote surveillance systems under article 20 of the Labour Code to use in criminal proceedings. Article 28 speaks of workers rather than applicants, but it confirms that the Labour Code sets the boundaries.

What does the Labour Code say about candidates?

• Article 17(1): the employer may not require a job applicant to provide information about their private life, unless it is "strictly necessary and relevant" to assess their aptitude for the job and the reasons are given in writing, or about their health or pregnancy, unless particular requirements of the work justify it, again with written reasons. Breaching this is a very serious administrative offence (article 17(5)).
• Article 17(3): an applicant who has provided personal information has the right to control it, "being able to know its content and the purposes for which it is intended," and to require its correction and updating.
• Article 20(1): the employer may not use remote surveillance by technological equipment "for the purpose of monitoring the worker's professional performance."
• Article 32: employers must keep for five years, broken down by sex, a record of their recruitment processes, including the number of candidates at pre-selection interviews and the results of selection tests.

Two practical points follow. A recorded interview makes any question about health, family plans or private life permanent, so keep interviews on the job. And the five-year record under article 32 is a record of the process, not a reason to keep recordings for five years; keep the counts and results it lists, and delete the audio.

What does the CNPD say about recording calls at work?

We found no CNPD guidance specifically on recorded job interviews. Its closest statement is in its guidance on remote monitoring in telework of April 17, 2020, listed under its labor guidance: "it is not admissible to require the worker to keep the video camera permanently on, nor, in principle, should the recording of teleconferences between the employer (or managers) and the workers be allowed." The same guidance says tools that monitor performance remotely collect personal data "manifestly in excess" and violate data minimization.

The CNPD's Deliberation 1039/2017 on call recording treats article 4(3) of Law 41/2004 as the legal basis for recording calls in contractual relationships, which requires information and consent, and sets retention limits for that commercial purpose. Read together, the regulator's position is that recording a work call is the exception, justified only with a clear purpose, notice and agreement, and kept no longer than needed.

Can candidates see or delete the recording?

Yes. Under the GDPR the candidate can ask for access to the recording and transcript and for erasure once they are no longer needed, and article 17(3) of the Labour Code separately gives applicants the right to know the content and purposes of the personal information they provided. Set a short retention period tied to the decision and any challenge window, write it in your notice, and delete on schedule; our retention policy template gives the structure, and the candidate data access requests guide covers handling requests.

What if you interview a candidate in Portugal from the US?

Article 199 protects the candidate's words, so treat consent as required whatever your own state allows; your state's law also governs your side of the call (see two-party consent states). On data protection, an employer or agency established in the EU is covered by the GDPR under Article 3(1), and Law 58/2019 reaches processing abroad that affects people in Portugal where Article 3(2) GDPR applies. For a US-hosted transcription vendor you also need a transfer basis under Chapter V of the GDPR, such as the EU-US Data Privacy Framework for listed companies or standard contractual clauses.

Can you use AI note takers or transcription?

Yes, with consent to the recording, notice of the tool, and short retention. Name the tool in the invitation, say whether it keeps audio, and ask the vendor whether it trains models on your calls. Interview Signal, for example, runs on the interviewer's own computer with no bot in the call, shows a read-aloud consent line with a one-click pause, and does not retain audio after transcription; the transcript is still personal data under the rules above. If the tool scores candidates, check the EU AI Act's rules for recruitment systems in the EU AI Act for recruiting.

A consent line for interviews in Portugal

Antes de começarmos: gostaria de gravar esta entrevista [e transcrevê-la
com uma ferramenta de software] para registar as suas respostas com
rigor. Gravamos apenas o áudio. A gravação é usada só neste processo de
recrutamento, partilhada apenas com [cliente / função] e apagada [prazo]
depois de o processo terminar. Dá o seu consentimento? Pode recusar ou
pedir para pararmos a qualquer momento, sem qualquer efeito na sua
candidatura.

(Before we start: I'd like to record this interview [and transcribe it
with a software tool] so I capture your answers accurately. We record
audio only. The recording is used only for this recruitment process,
shared only with [client / role] and deleted [period] after the process
ends. Do you consent? You can refuse or ask us to stop at any time, with
no effect on your application.)

The sharing line reflects article 199(1)(b), and "audio only" avoids the separate filming rule. Repeat the details in writing with your Article 13 notice. More wording is in the interview recording consent script.

Checklist before you record interviews in Portugal

• Candidate's consent obtained before recording or transcription starts, and noted.
• Consent covers every person or client who will hear or read the recording.
• Video either not kept or covered by separate consent.
• Questions kept away from private life, health and pregnancy (Labour Code, art. 17).
• Article 13 notice given; lawful basis documented.
• US vendors covered by the Data Privacy Framework or standard contractual clauses.
• Recordings deleted after the decision; only the article 32 process record kept for five years.