Yes, recording phone calls in China is legally permissible under strict conditions. The Cybersecurity Law, Civil Code, and Provisions on the Administration of Telecommunications govern this practice, requiring explicit consent from at least one party. Unauthorized recording risks civil liability or criminal penalties under Article 253 of the Criminal Law for infringing privacy. Recent 2026 draft amendments to the Personal Information Protection Law (PIPL) further tighten compliance, mandating clear disclosure of recording purposes and data minimization.
Key Regulations for Recording Phone Calls in China
- Consent Requirement: The Civil Code (Article 1034) and PIPL (Article 23) demand prior consent from at least one party, though some local courts interpret this as requiring all-party consent in sensitive contexts. The State Internet Information Office (SIIO) enforces these rules via annual audits of telecom operators.
- Purpose Limitation: Recordings must align with lawful, explicit purposes (e.g., evidence collection). The Provisions on Telecommunications Services (2023 revision) prohibit recordings for commercial exploitation without prior approval from the Ministry of Industry and Information Technology (MIIT).
- Data Security Obligations: Stored recordings must comply with PIPL data localization rules, requiring servers to be hosted in China. The Cybersecurity Law (Article 37) imposes encryption standards, with the National Information Security Standardization Committee (NISSC) conducting periodic compliance checks.