Yes, recording phone calls in Brazil is legal under strict conditions outlined by the Brazilian Civil Code and the Brazilian Data Protection Authority (ANPD). Consent from at least one party is mandatory, and recordings must comply with privacy laws, particularly the General Data Protection Law (LGPD). Unauthorized interception or disclosure of third-party communications is criminalized under Article 151 of the Brazilian Penal Code.
Key Regulations for Recording Phone Calls in Brazil
- Consent Requirement: At least one party must consent to the recording, as per Article 21 of the Brazilian Civil Code. Passive recording (e.g., without knowledge) is prohibited unless justified by legitimate interest under LGPD.
- Purpose Limitation: Recordings must serve a specific, lawful purpose (e.g., evidence in legal disputes) and cannot be repurposed without additional consent. Misuse may trigger sanctions under LGPD.
- Storage and Disclosure: Data must be stored securely, with access restricted to authorized personnel. Unauthorized sharing or public disclosure violates LGPD and may result in fines up to 2% of the offender’s annual revenue.
Enforcement and Compliance Shifts The ANPD’s 2026 guidelines emphasize stricter oversight on call recording practices, particularly in sectors like finance and healthcare. Non-compliance risks administrative fines, reputational damage, and potential criminal liability under the Penal Code. Businesses must implement clear consent mechanisms and data retention policies to align with evolving regulations.