On April 23, 2009, the German Federal Labor Court (Bundesarbeitsgericht) decided (Az.: 6 AZR 189/08) that a party involved in a telephone conversation who intentionally allows a third party to overhear that conversation (e.g., by switching to loudspeaker on the telephone set or by holding the receiver away from his ear) violates the telephone counterpart’s general personality right. As a result, and pursuant to the case law of the German Federal Constitutional Court, the third party may not give evidence on the content of the telephone conversation. However, this scenario must be distinguished from a situation where a third party happens to overhear a telephone conversation without the first party’s facilitation of this. In this instance, the evidence prohibition does not apply. The Court press release (in German) is available here.