Yes, one-party consent recording is legal in Peru under specific conditions outlined by the Ley N° 28278 (Law on the Protection of Personal Data) and Código Penal (Penal Code) provisions.
Peru permits recording conversations or communications if at least one participant (including the recorder) consents, provided the recording is for legitimate purposes and does not violate privacy rights. The Superintendencia Nacional de Protección de Datos Personales (SNDP) enforces compliance, particularly under Decreto Legislativo N° 1353 (2018), which aligns with GDPR-inspired data protection standards. Unauthorized disclosure of recorded material may trigger civil or criminal liability under Article 154-A of the Penal Code (illegal interception of communications). Recent 2026 amendments to the Ley de Protección de Datos further restrict cross-border transfers of recorded data, emphasizing territorial sovereignty.
Key Regulations for One-Party Consent Recording in Peru
- Consent Requirement: Recording is lawful if the recorder is a participant in the conversation or has explicit consent from at least one party. Implied consent (e.g., public settings) is insufficient for sensitive discussions.
- Purpose Limitation: Recordings must serve a lawful, specific purpose (e.g., evidence in legal disputes) and cannot be repurposed for unrelated activities, per Article 5 of Ley N° 28278.
- Data Minimization & Storage: Recorded material must be stored securely and deleted after its intended use, as mandated by SNDP guidelines. Unauthorized retention or sharing violates Article 20 of the Penal Code.