Yes, recording phone calls in Argentina is legal under strict conditions outlined by the Personal Data Protection Law (PDPL) and the Telecommunications Law. Consent from at least one party is mandatory, and recordings must not infringe privacy or violate data protection principles. The 2026 amendments to the PDPL introduced stricter penalties for unauthorized recordings, emphasizing compliance with transparency and proportionality.
Key Regulations for Recording Phone Calls in Argentina
- Consent Requirement: Under Law No. 25,326 (PDPL) and Decree 1558/2001, at least one party must consent to the recording. Explicit notice to all participants is recommended to avoid disputes.
- Purpose Limitation: Recordings must serve a legitimate purpose (e.g., evidence in legal disputes) and cannot be used for unauthorized surveillance or commercial exploitation.
- Data Protection Compliance: The Agencia de Acceso a la Información Pública (AAIP) enforces PDPL rules. Recordings containing personal data must be stored securely and deleted after their intended use.
Violations may trigger fines up to ARS 100 million (as of 2026) or criminal liability under Article 153 of the Penal Code for privacy breaches. Employers recording employee calls must comply with labor laws and collective bargaining agreements. Cross-border transfers of recorded data require additional safeguards under Mercosur data protection frameworks.