Is it legal to film someone in Romania with your phone? Understanding the Right to Film in Romania
Many people believe the answer is no—especially when police officers, public officials, or strangers are involved. In reality, the right to film in Romania is broader than most people assume, although it is not unlimited.
In reality, Romanian law generally allows private individuals to record video and audio in public and semi-public spaces, but there are important legal limits that you must understand to avoid fines or legal trouble.
This article explains when filming is legal, when it is not, and how your rights change depending on the situation—from public transport to police interactions and public institutions.
Romanian Law and the Right to Record
Under Romanian law, filming is generally permitted provided that the act of recording itself does not violate privacy, dignity, or specific protected contexts.
Romanian law does not prohibit private individuals from recording video or audio in public spaces, as long as:
- The space is public or semi-public
- The recording doesn’t violate someone’s right to privacy in a private context
- The footage is not used for defamation, blackmail, or commercial purposes without consent
Let’s look at specific situations.
🎫 STB Controllers (Public Transport Inspectors)
STB (Societatea de Transport București) controllers regularly perform ticket and ID checks on public transport. In some cases, inspections are carried out by temporarily employed staff who may lack proper training, which can lead to misunderstandings, escalation, or even verbal conflicts.
In such situations, it is important to understand your right to film in Romania. If you believe that an inspection is conducted abusively or that your rights are being violated, you are generally allowed to use your smartphone to record the interaction. Filming in a public space for the purpose of documenting a potential abuse is lawful, provided that you do not obstruct the controller’s activity or behave aggressively.
Recording can serve as evidence if the situation escalates or if you later need to file a complaint. However, the recording should remain proportionate and focused on documenting the interaction, not provoking further confrontation.
You are allowed to film under the following conditions:
- You are in a public area of the bus or tram
- You don’t obstruct their activity or cause a disturbance
They may claim they’re not public officials—but in court rulings and legal interpretation, ticket inspectors performing a public duty can be filmed. You should, however, avoid filming their ID number too closely or publishing the footage with personal insults.
TIP: Announce that you’re recording “for your protection” and remain calm.
🚓 Police Officers
According to Romanian case law and European Court of Human Rights principles, you are allowed to film police officers while they are performing their duties in public. This includes:
- Traffic stops
- Street patrols
- Public order checks
Police cannot legally force you to stop recording, delete your video, or take your phone—unless:
- You interfere with their activity
- You’re inside a restricted or private area (like their HQ)
- You’re obstructing justice or public order
Inside a police station, however, things change.
🏢 Right to film in Romania inside Police Stations or Public Offices
In public offices, such as city halls or tax offices, recording is generally allowed in public-facing areas (where the public interacts with staff), unless:
- There’s a visible “no recording” sign
- You enter a restricted or staff-only area
In police stations, you should NOT film without explicit permission, especially:
- In investigation rooms
- In custody areas
- When other citizens’ data or rights may be compromised
Filming police misconduct is a gray area in these spaces, and courts could still side with the individual if the footage proves wrongdoing. But you could also be fined or face charges for violating internal rules or personal data laws (GDPR).
📱 What About GDPR?
GDPR protects personal data, not the right to record in public spaces. If you:
- Film people without publishing the video, you’re generally safe
- Blur or anonymize faces before sharing, that helps you comply with GDPR
- Publish videos exposing illegal or abusive behavior, you may be covered under public interest or freedom of expression, especially if the people filmed are public officials
Can I Film If I’m Being Abused in a Place That Bans Filming?
Imagine you’re in a bar, restaurant, or mall in Romania. Someone is verbally or physically abusing you. You pull out your phone to film the situation—either to protect yourself, gather evidence, or have a record for police. But then you see a sign: “Filming and photography not allowed in this space.” What now?
Let’s break it down legally and practically.
🛡️ 1. Your Right to Protect Yourself Comes First
Under Romanian law, as in many EU countries, you have the right to protect your physical integrity and personal safety. This includes the right to gather evidence if you are the victim of:
- Harassment
- Verbal abuse
- Physical assault
- Intimidation or threats
Filming in this context can be considered self-defense, especially if there’s no other way to prove what’s happening.
🔍 Key point: Even if the space is private (e.g. a bar or mall), you do not lose your legal rights as a person. A private sign doesn’t cancel criminal law.
⚖️ 2. What About the “No Filming” Sign?
Those signs are typically meant to protect:
- Other guests’ privacy
- Proprietary designs or business secrets
- Commercial branding
These restrictions are not enforceable if you are filming in self-defense or documenting a crime in progress.
If you later publish or share that video online without consent, you could face legal consequences for privacy violation—but just recording for evidence or to show police is not illegal if you’re being abused.
🛑 Businesses and their private guards cannot stop you from recording evidence of a crime, even if they display signs against filming.
📲 3. How to Film Smart (and Safe)
- Record clearly and calmly, showing what’s happening
- Try to catch faces, actions, and context (but don’t provoke)
- Save the video in the cloud or send it to someone you trust immediately
- Tell staff or security you’re filming because you feel unsafe
This might even make the aggressor stop.
🏛️ 4. If Police Are Involved
If you report the abuse, you can show the video as evidence. Romanian police can use it during their investigation, especially if:
- The abuser denies wrongdoing
- There are no witnesses who speak up
- You are physically or psychologically harmed
Remember: you’re not a criminal for defending yourself with your phone.
✅ Summary: What You Can Do
| Situation | Legal to Film? | Notes |
|---|---|---|
| Someone insults or threatens you | ✅ Yes | For evidence only |
| Physical aggression or harassment | ✅ Yes | Crucial for police |
| You just want a selfie in a mall | 🚫 Usually No | Respect the posted signs |
| You publish someone’s face online | ⚠️ Risky | Might violate GDPR or privacy laws |
⚖️ Final Advice
- Always stay calm, announce your intention, and avoid escalating.
- Record to protect yourself, not to provoke.
- If police or officials become aggressive, do not delete the video—you have the right to retain evidence.
- If you’re fined or your phone is confiscated, you can contest the action in court.
Legal Overview: When You Can and Cannot Film with Your Phone in Romania
| Situation | Is it Legal? | Notes | Applicable Laws |
|---|---|---|---|
| Filming in public spaces (streets, squares, parks) | ✅ Generally yes | Allowed if not intrusive or targeting individuals without cause | Constituția României art. 30, Cod civil art. 73 |
| Filming people in public without their consent | ⚠️ Conditional | Legal if not harassing, defamatory, or invading privacy | Cod civil art. 72–73, GDPR, Legea 190/2018 |
| Publishing videos of identifiable individuals (e.g. online) | ❌ Without consent | Needs consent unless for public interest, news, or public figures | GDPR, Legea 190/2018, Cod civil art. 73 |
| Filming authorities/police in public | ✅ Yes, with limits | Legal if not obstructing duties; may be challenged in practice | Constituția României art. 30, Cod penal art. 226, GDPR |
| Filming private property (inside homes, offices, stores) | ❌ Without consent | Not allowed unless you have permission | Cod penal art. 226, Cod civil art. 72 |
| Filming in hospitals, schools, public institutions | ⚠️ Restricted | Needs institutional approval; often limited by internal rules | Legea 333/2003, GDPR, Cod civil art. 73 |
| Filming protests or public events | ✅ Yes | Allowed in public interest unless causing harm | Legea 60/1991, Constituția României art. 30, GDPR |
| Using recordings in court or as legal evidence | ⚠️ Case-by-case | Must respect privacy laws; depends on how evidence was obtained | Cod penal art. 226–227, Cod procedură civilă/penală |
| Secretly recording private conversations | ❌ Illegal | Considered violation of privacy unless justified by public interest | Cod penal art. 226, Constituția României art. 26 |
| Recording police abuse or misconduct in public | ✅ Allowed | Public interest may override privacy, but can still be challenged | Constituția României art. 30, GDPR art. 85, Cod civil art. 73 |
📜 Legal Basis: What Romanian Law Says About Filming
Filming in Romania is not regulated by a single law. Instead, several constitutional, civil, criminal and data protection provisions apply depending on the situation.
Below is a simplified explanation of the most relevant legal texts.
Quick Answer: Is Filming Legal in Romania?
Filming in public spaces in Romania is generally legal, including recording police officers performing their duties. However, secretly recording private conversations or filming in private spaces may violate criminal or civil law.
🏛 1. Romanian Constitution (Constituția României)
Article 30 – Freedom of Expression
The Constitution guarantees freedom of expression, including the right to receive and communicate information. This principle supports filming in public spaces, especially in matters of public interest.
Article 26 – Private and Family Life
This article protects personal dignity and private life. It limits filming in private contexts or where a person has a reasonable expectation of privacy.
Practical meaning:
Filming in public is generally protected. Filming inside someone’s home or in clearly private environments is not.
📘 2. Civil Code (Codul Civil)
Article 72 – Respect for Private Life
Individuals may oppose the recording or publication of images that affect their dignity or private life.
Article 73 – Consent for Image Use
Consent is generally required to publish identifiable images, unless exceptions apply (public interest, public figures, journalism, artistic use).
Practical meaning:
Filming is different from publishing. Recording in public may be lawful, but publishing without consent may create civil liability.
⚖️ 3. What the Criminal Code (Codul Penal) says about the right to film in Romania
Article 226 – Violation of Private Life
Unauthorized recording in spaces where privacy is expected (home, office, private room) may constitute a criminal offense.
Article 227 – Disclosure of Confidential Information
Filming or publishing confidential or non-public information may trigger criminal liability.
Practical meaning:
Recording police in public is usually lawful. Secretly recording private conversations is not.
🔐 4. What the Data Protection Law (GDPR & Law 190/2018) says about right to film in Romania
Under:
- Regulation (EU) 2016/679 (GDPR)
- Law 190/2018 (Romanian GDPR implementation)
Video recordings of identifiable persons may qualify as personal data processing.
If footage is:
- Stored
- Published
- Used systematically
Then GDPR rules may apply.
Exceptions exist for:
- Journalism
- Public interest
- Artistic expression
Practical meaning:
Casual filming in public is not automatically illegal. But systematic use or publication may require a legal basis.
📷 5. Other Relevant Laws about right to film in Romania
Law 8/1996 – Copyright Law
Applies if filming captures protected performances or copyrighted content.
Law 60/1991 – Public Assemblies
Filming protests may involve additional protections related to public order.
Law 333/2003 – Security of Private Property
Private security zones may restrict filming.
Conclusion
In Romania, filming is legal in most public contexts, but understanding your right to film in Romania is essential if you want to exercise it responsibly. Used wisely, your phone can become a powerful tool for truth, documentation, and accountability.
This article is part of our practical hub for Western European professionals living in Romania, where we document real-world interactions with public authorities, legal gray areas, and administrative practices that often differ from written law. For more case-based explanations and guidance, see our main hub: Living in Romania – A Practical Guide for Expats.
Editorial note: This article is part of an ongoing series and may be updated as related articles are published.
Other articles in this series:
- Your Legal Right to Film Abuse on Public Transport in Romania
- Can You Film Police and Public Spaces in Romania? (Coming soon)
- Filming Public Incidents: Legal Insights for Romania (Coming soon)