Recording a call in Puerto Rico: everyone’s consent is required

It is the law that answers whether you can record a call you are part of. The answer its text gives is stricter than the “one party’s consent is enough” rule many people have heard: here the express consent of all parties is required, and the article names first, precisely, the person taking part in the call.

The prohibition reaches any person: both someone taking part in the telephone communication and any person outside it. The protection reaches every telephone communication transmitted or received between places within Puerto Rico’s jurisdiction.

• That it be a telephone communication transmitted or received between places within Puerto Rico’s jurisdiction.Verified against the official source
• For the recording or listening to be lawful under this article: express consent of all parties taking part in the telephone communication.Verified against the official source

Information pending verification.

1. 1

   Step 1: Being on the call does not authorize you to record it

   The article begins precisely there: “No person who participates in a telephone communication nor any person outside it shall record any telephone communication by any mechanical procedure.” The participant is named first, not excepted.

2. 2

   Step 2: Letting someone listen is covered too

   The same sentence continues: “nor allow that communication to be heard by any person, by means of a telephone extension, or by any other means.” In 1953 the example was the extension; “any other means” is the broad language the law used, and it is the part people skip when they put a call on speaker.

3. 3

   Step 3: The consent must be express and from everyone

   There is a single exception and it is strictly drawn: “except with the express consent of all parties taking part in that telephone communication.” Express, not implied; of all parties, not one.

4. 4

   Step 4: Intercepting is a separate offense

   The first article covers something different from recording: no person shall intercept or attempt to intercept, in any way, any telephone communication transmitted or received between any places within Puerto Rico’s jurisdiction, in order to learn its content or to allow any other person to learn that content. The attempt is expressly included.

5. 5

   Step 5: Disclosing what was intercepted is also prohibited

   Anyone who has received an intercepted telephone communication, or has learned its content, substance, purpose, effect or scope, knowing that information was so obtained, may not disclose or publish its existence, content, substance, purpose, effect or scope, or any information contained in it. And there is a rule for someone who discloses without knowing: they are obligated to report the source of their knowledge, and if they refuse, they commit the same offense and the same penalty.

6. 6

   Step 6: That evidence does not enter the court

   The law carries its own exclusionary rule: courts shall not admit any evidence obtained in violation of Articles 1, 2 and 3 of this law. That is important for anyone planning to record “to have proof.”

7. 7

   Step 7: The penalty

   Every person who violates Articles 1, 2 or 3 shall be guilty of a misdemeanor and subject to a fine not exceeding five thousand dollars ($5,000) and, in addition to the fine imposed, may be punished with imprisonment for a term not exceeding five (5) years.

It is a criminal matter: the complaint is filed with the Puerto Rico Police, a route we cover step by step in its own guide. If the problem is stalking or persistent calls from an individual, that is the stalking guide; if they are telemarketing or fraud calls, those have their own guide; and if what happened was a company leaking your data, that is the data breach guide.

• Believing your own consent as a party suffices: the law requires the express consent of all parties.
• Thinking only recording is banned: also allowing another person to hear the communication.
• Treating consent as implied: the law says “express.”
• Recording to have proof: courts shall not admit evidence obtained in violation of this law.
• Disclosing the content of something you know was intercepted.
• Underestimating the penalty: beyond the fine of up to $5,000, imprisonment of up to five years.

These are the government pages this guide is based on.

• Policía de Puerto Rico

  Policía de PR

  bvirtualogp.pr.gov

• Puerto Rico Police

  Policía de Puerto Rico

  policia.pr.gov