Yes, Chile permits two-party consent recording under strict judicial oversight, as outlined in Law No. 19,223 (1993) and the 2023 amendments to the Criminal Code. Recordings without consent are admissible only if authorized by a judge for criminal investigations, with penalties up to 5 years imprisonment for violations under Article 161bis. The Subsecretaría de Telecomunicaciones (SUBTEL) enforces compliance, while the Policía de Investigaciones (PDI) monitors digital interception cases.
Key Regulations for Two-Party Consent Recording in Chile
- Judicial Authorization Requirement: Recordings without consent are criminalized unless a judge grants prior approval under Artículo 161bis of the Criminal Code, particularly for cases involving national security or organized crime. Requests must demonstrate probable cause and proportionality.
- Penalties for Non-Compliance: Violations carry fines up to 500 UTM (≈$40,000 USD in 2024) and imprisonment for up to 5 years, with aggravated penalties if recordings involve minors or public officials.
- SUBTEL’s Technical Oversight: The agency mandates that all interception equipment must be registered and certified under Decreto Supremo 103/2022, aligning with ITU-T standards to prevent unauthorized surveillance.