Yes, Two-party consent recording is legal in Argentina under strict conditions outlined in the Personal Data Protection Law (Law No. 25,326) and the Civil and Commercial Code. Consent from all parties is required for recording private communications, with violations punishable by fines up to ARS 10 million (as per 2024 amendments). The National Agency for Personal Data Protection (ANPDP) enforces compliance, and recent 2026 draft regulations propose stricter penalties for non-compliance.
Key Regulations for Two-Party Consent Recording in Argentina
- Law No. 25,326 (Personal Data Protection Law): Mandates explicit consent from all parties before recording private communications, including phone calls or in-person conversations. Violations may result in administrative sanctions or civil liability.
- Civil and Commercial Code (Art. 1972): Prohibits the use of recordings obtained without consent as evidence in legal proceedings, unless consent is later granted or a court deems the recording necessary for justice.
- ANPDP Guidelines (2026 Draft Amendments): Propose increasing fines for non-compliance to ARS 15 million and introducing mandatory data breach notifications within 72 hours of unauthorized recording disclosure.
Enforcement remains inconsistent, with courts often prioritizing privacy over technical violations. Businesses must document consent explicitly, while law enforcement requires judicial authorization for interception under Law No. 24,766 (Wiretapping Law). Non-compliance risks not only fines but also reputational damage and exclusion from public contracts.