Question
Privacy question: Our upstairs neighbors shouted obscenities and xenophobic anti-immigrant slurs at us from their balcony to ours. (We’ve had a long-running feud about noise.) I recorded video of some of it. They shouted “You can’t record us!” But I said if their shouting on the balconies can be a nuisance to neighbors, then it is a public space and recording is fine. And if it is not “allowed” does that simply mean publishing? Can I still use the video privately in a complaint with the Mossos? I am in Barcelona.
Answers
These are the answers from Spainguru’s Facebook group members:
“Depends on what they are saying there is such a thing as “delito de odio”. Don’t hold back in calling the police they will come open a “parte” and that talk to them. If they keep
Doing it , you keep calling as that’s proof that it is a repeated incident so eventually you can take them to court but hopefully one call to the police and a chat will stop
Them.”
“Sadly, there have been multiple calls to the Guardia Urbana and even two visits to them. But this most recent ranting of rabia has led me to escalate to Mossos D’Esquadra. Thus far they have been helpful.”
“Ok looking at Spanish Law you can record a conversation as long as you are one of the participants of this conversation. Specially if you are being threatened. What you can not do is record a conversation or interaction if you are not one of the participants. If you are a participant and have recorded the conversation/interaction you can not publish it. You can use as evidence when you go to the police” – “Yup. Thanks. That’s the plan.”
“You can record video or audio AS LONG as you are a participant in that conversation. So when you record him, simply tell him thank you or something like that. You cannot leave a recording device and leave or use it for surveillance, but you can record as long as you participate.
What you cannot do it disclose it on social networks. But you can disclose it to the police.”
“No, her consent doesn’t matter. Don’t worry about that. And if you are recording from your house, even less.”
“I visited Mossos after posting this and when I explained the situation they tried to knock it back down to civil. Then I showed them the recordings and he immediately told me to make an appointment to review the evidence and begin denuncia process. I asked it the recording was okay and he said yes.”
“Depending upon the building if you have a community board you can speak with them about the issue to see what help they can offer. Other option is going to the national police station and file a “Denucia” of your neighbor. Take all video or audio recordings put together in one organized folder on your phone so you are not fumbling around.”
“A video or Audio recording is legal for you to record and use as evidence in your case. I would recommend not to publish online as some people have suggested because you may have legal issues with that if the other party is aware of the post.”
“Filming anyone in Spain who is in public is perfectly legal. What is illegal is to publish, post, or use the recordings (especially for commercial purposes or systematic processing). To record and show the police is perfectly legal.”
“I’ve been told by multiple authorities it is legal to film in this set of circumstances. As for the rest, it’s being handled civilly by the Guardia Urbana.”
“Recording is legal but cannot be used to blackmail people. For evidence it is absolutely legal.”
Conclusion
For people living in Spain, disputes with neighbors over noise can escalate into harassment, raising questions about whether recording is allowed.
Based on shared experiences, recordings made by someone directly involved in the incident, for the sole purpose of protecting themselves or providing evidence to police or a court, are often accepted in practice. However, this does not mean recording is always risk-free, particularly when video captures identifiable images from private residential spaces.
The key takeaway for those living in Spain is to record only what is necessary, avoid ongoing surveillance, and never publish recordings publicly. Using recordings strictly as evidence with authorities is consistently viewed as the safest approach.
This article is based on personal opinions from the Spainguru community and is not legal advice.
Sources Supporting When Recording May Be Legal in Spain
These external links explain Spanish privacy and evidence rules related to recording:
• Spanish law allows you to record a conversation you are part of without consent, and that recording may be used as evidence.
https://legalallies.es/en/civil-law/is-it-legal-to-record-a-conversation-without-consent-in-spain/ Legal Allies
• Spanish courts have repeatedly held recordings by a participant in the conversation do not violate the secrecy of communications and can be used as evidence if done lawfully.
https://www.abati.es/validez-grabaciones-proceso-penal/ Rafael Abati
• Expert explainers note that recordings of your own conversation may be valid evidence in court if they meet proper legal criteria.
https://www.iberley.es/revista/la-validez-las-grabaciones-privadas-aportadas-como-prueba-proceso-penal-1221 Iberley
• Another legal overview confirms that recordings of a conversation you are part of are not prohibited by constitutional secrecy protections in Spain.
https://egdetectives.es/grabar-audio-o-video-sin-consentimiento/ EG Detectives
• Independent legal explainers clarify that video recordings can be lawful evidence if they do not infringe fundamental rights and respect privacy boundaries.
https://eynde.es/audio-i-video-com-a-prova-del-delicte/?lang=es Eynde
