It is strictly regulated.
China’s legal framework permits two-party consent recording only under narrowly defined conditions. The 2021 Civil Code and 2022 Personal Information Protection Law (PIPL) impose strict limits, requiring explicit consent from all parties before recording conversations. Unauthorized interception or disclosure of private communications may trigger civil liability, administrative penalties under the Cybersecurity Law, or criminal prosecution under Article 253 of the Criminal Law for infringing personal information. Local enforcement varies, with provincial cybersecurity bureaus (e.g., Beijing’s Cyberspace Affairs Office) actively monitoring compliance.
Key Regulations for Two-Party Consent Recording in China
- PIPL Compliance: Recording requires prior written consent from all parties, with clear disclosure of purpose, storage duration, and third-party sharing risks. Violations may result in fines up to ¥50 million or 5% of annual revenue.
- Civil Code Restrictions: Article 1032 mandates that recordings must not infringe on others’ privacy or legitimate interests. Courts scrutinize recordings obtained without consent, often excluding them as evidence.
- Sector-Specific Rules: Financial institutions (under PBOC guidelines) and healthcare providers (per NHC regulations) face stricter consent requirements, often necessitating real-time notification to recorded parties.