Under Swiss law, what is the general rule on recording conversations, and why does a special exception exist for company hotlines?
Art. 179 StGB makes recording non-public conversations a crime by default, but Art. 179quinquies carves out an exception for routine "mass business" calls (orders, reservations) because obtaining prior consent for every such call isn't reasonable.
The legal structure (rule + exception):
- The rule (Art. 179 StGB): recording a non-public conversation without permission is punishable — the baseline is protection of the spoken word.
- The exception (Art. 179quinquies para. 1 lit. b): recordings are straflos (not punishable) when they concern mass business of daily commerce — orders, bookings, reservations, and similar standardized transactions.
The legislator's reasoning: for these high-volume, standardized calls, requiring active prior consent each time is considered impractical / not reasonable (nicht zumutbar). The sheer call volume and routine nature justify the simplification — informing the caller is enough.
Crucial limit: the exception covers only routine mass business. For complaints, complex negotiations, marketing, or profiling, Switzerland — like Germany — still requires active consent. So the exception is narrow, not a blanket licence to record.
Tip: This is a recurring pattern in privacy law: a strict default rule, softened by a narrow, well-justified exception — and the exception always has limits that snap back to the strict rule once you leave its scope.