Yes, one-party consent recording is legal in Argentina under the Personal Data Protection Law (Law No. 25,326) and the Civil and Commercial Code, provided the recording is for legitimate purposes and does not violate privacy rights. The Agencia de Acceso a la Información Pública (AAIP) enforces compliance, requiring explicit justification for recordings in private contexts. Recent 2026 amendments emphasize stricter penalties for unauthorized dissemination.
Key Regulations for One-Party Consent Recording in Argentina
- Consent Requirement: Recording is permissible if at least one party (the recorder) consents, but disclosure to third parties without consent violates Article 53 of Law No. 25,326, risking fines up to ARS 10M.
- Legitimate Purpose: Recordings must serve a lawful interest (e.g., evidence in legal disputes), as outlined in Decree 1558/2001, which regulates data processing.
- Public vs. Private Spaces: Consent is stricter in private settings (e.g., homes, offices), where recordings may infringe Article 19 of the Constitution if deemed intrusive by the AAIP.