Yes, recording phone calls is permitted in Thailand under specific conditions, but consent requirements and sectoral restrictions apply.
Thailand’s legal framework permits call recording if at least one party consents, aligning with the Electronic Transactions Act B.E. 2544 (2001) and Computer Crime Act B.E. 2560 (2017). However, the Personal Data Protection Act B.E. 2562 (2019) imposes additional obligations, particularly for businesses handling recorded data. Sector-specific rules, such as those enforced by the Bank of Thailand for financial institutions or the National Broadcasting and Telecommunications Commission (NBTC) for telecom providers, further constrain recording practices. Recent 2026 amendments to the Telecommunications Business Act tighten compliance for cross-border data transfers, impacting multinational call centers operating in Thailand.
Key Regulations for Recording Phone Calls in Thailand
- One-Party Consent Rule: Under the Electronic Transactions Act, a single party to the call may record without informing others, but disclosure of such recordings in legal proceedings requires prior judicial approval per Section 32 of the Civil Procedure Code.
- Data Protection Obligations: The PDPA mandates that recorded calls containing personal data must be processed lawfully, with explicit purposes disclosed to callers. Failure to anonymize or secure such data risks fines up to THB 5 million (≈USD 140,000).
- Sectoral Restrictions: Financial institutions must adhere to Bank of Thailand Notification No. SorNorSor 2/2563, prohibiting call recording for marketing purposes without prior written consent. Telecommunications providers face NBTC guidelines restricting the retention of call metadata beyond 90 days unless required for law enforcement.