That says the law
Bowing an eye on neighbors: do I make myself punishable?
03/27/2025 – 5:17 p.m.Reading time: 2 min.
Listening to neighbors in secret is legally problematic in many cases. Protecting privacy is the focus, listening can be punishable.
A warm evening. They sit on the terrace or the balcony, and from the neighboring house they penetrate the scraps of conversation through the open window. However, it is not always the accompanying listening. If the content is explosive and not intended for the public, you may want to learn more. Can you listen to the conversation? Or do you make yourself punishable by listening?
Anyone who lives in Germany has a right to privacy – and this is protected by constitutional law. The following provisions apply: the general right of personality (Article 1 and 2 of the Basic Law), the protection of the apartment (Article 13 GG) and the postal and telecommunications secret (Article 10 GG). Added to this is the Charter of Fundamental Rights of the European Union, Article 7. It emphasizes the protection of private life.
And in this context, the Federal Center for Political Education also refers to the special importance of these fundamental rights – also in everyday life.
However, the laws also show that there is no concrete law that prohibits just listening.
The situation is different if you listen to your neighbors or record the spoken word without his knowledge. Then it is about the “not publicly spoken word”. And this conversation not intended for the public is regulated by § 201 Criminal Code (StGB).
Accordingly, it is a criminal offense
And the attempt is also punishable in accordance with § 201 StGB.
If you pick up your neighbor’s talks or another person on a record or follow with a listening device, you face a prison sentence for up to three years in accordance with the Criminal Code.
In addition, the sound carrier or the listening device is drawn in – that is, removed and no longer handed over. However, that should be the slightest punishment.
If you are only accidentally listening to the conversation because you are sitting on the balcony or terrace or penetrating the open window, there is usually no violation. Even if you have a purely privately talking to your partner or a friend, § 201 does not apply. The decisive factor for the violation is that the person has been listened to in a targeted manner and/or use the corresponding technical equipment.
