Yes, recording phone calls in Chile is legal under strict conditions outlined by Law No. 19,733 (Data Protection Act) and Supreme Decree No. 132/2002. Consent from at least one party is mandatory, and recordings must comply with privacy and proportionality principles. The 2026 amendments to the Data Protection Act further clarify that recordings for legitimate purposes (e.g., evidence in legal disputes) require explicit prior notice to all participants. Violations may result in fines up to 10,000 UTM (approx. $1.1M CLP in 2024) or criminal liability under Article 14 of Law No. 19,733.
Key Regulations for Recording Phone Calls in Chile
- Consent Requirement: At least one party must consent under Law No. 19,733, but the 2026 amendments mandate explicit prior notice to all participants for recordings used in legal or commercial contexts. Silence or passive acceptance does not suffice.
- Legitimate Purpose: Recordings must serve a clear, lawful objective (e.g., contract enforcement, fraud prevention). Surveillance without justification violates proportionality under Supreme Decree No. 132/2002.
- Storage and Disclosure: Data Protection Act requires secure storage (encryption, access logs) and prohibits sharing recordings without consent. Unauthorized disclosure may trigger penalties under Article 29 of Law No. 19,733.