Not legal advice. This site is an editorial reference. Laws change — always confirm with a qualified attorney in the relevant jurisdiction before recording, and check each page’s last reviewed date.

Call Recording Laws in Puerto Rico

Short answer: No. Puerto Rico is an all-party (often called “two-party”) consent jurisdiction. Under P.R. Const. Art. II, § 10, everyone on a private call must consent before it is recorded. The rule comes from the Puerto Rico Constitution’s privacy clause, and federal one-party law does not override it.

Plain-English summary

Puerto Rico applies an all-party-consent standard rooted in the constitutional right to privacy (Article II, § 10 of the Constitution of Puerto Rico). The Supreme Court of Puerto Rico has held that recording a private conversation without the consent of all parties violates the constitutional privacy guarantee.

Puerto Rico’s criminal Code of 2012, Article 183 (33 L.P.R.A. § 4912), criminalizes the unauthorized interception of communications. Federal law (§ 2511) applies in Puerto Rico, but the stricter constitutional standard controls in practice.

Case law of note

No appellate decision in Puerto Rico has materially reshaped the participant-recording rule in recent decades. Lower-court decisions exist but do not change the analytical framework set by the statute and by general federal precedent under § 2511.

Edge cases and special rules

  • In-person vs. phone. Same — all-party
  • Voicemail. Leaving a message creates the recording at the recipient’s direction; reviewing one’s own voicemail is not interception.
  • Vicarious consent. Several federal courts have recognized a parental-consent doctrine permitting a parent to consent on behalf of a minor child (Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)). State law varies; no controlling Puerto Rico appellate decision on the question.
  • Law enforcement. Court-authorized intercepts are governed by a separate framework and are outside the scope of this page.
  • Cross-border calls. Where any participant is in an all-party state, treat the stricter rule as the safer default. See cross-border calls.

Penalties and remedies

Criminal: Felony under Penal Code Art. 183.

Civil: Constitutional and statutory remedies.

Evidence: a recording made in violation of the Puerto Rico statute is generally inadmissible in Puerto Rico proceedings. Federal § 2515 separately bars use of unlawfully intercepted communications in federal proceedings.

Practical guidance

  • If you are recording an ordinary phone call: obtain audible consent from every party at the start of the call.
  • Suggested opening: See our consent script templates for jurisdiction-specific language.
  • If the other party objects: stop recording. Continued recording over an objection is a separate factual question that no consent statute helps you with.
  • What to keep: the date and time of the call, the parties’ phone numbers, a description of the consent given (express verbal, continued participation after notice, etc.), and the audio file itself.

Compare to

Resources for Puerto Rico

Frequently asked questions

Is Puerto Rico a one-party consent jurisdiction?

No. Puerto Rico is an all-party (often called “two-party”) consent jurisdiction. Under P.R. Const. Art. II, § 10, everyone on a private call must consent before it is recorded. The rule comes from the Puerto Rico Constitution’s privacy clause, and federal one-party law does not override it.

Can I record a phone call in Puerto Rico without the other person knowing?

No. In Puerto Rico you need the consent of everyone on the call. The simplest method is to announce the recording at the start of the call and get a verbal yes on the recording; if someone objects, stop recording.

Does the same rule apply to in-person conversations in Puerto Rico?

Yes. Puerto Rico applies the same all-party rule to in-person conversations.

What is the penalty for illegally recording a call in Puerto Rico?

Criminal: Felony under Penal Code Art. 183. Civil: Constitutional and statutory remedies.

Can a phone recording be used as evidence in Puerto Rico?

A recording made in violation of Puerto Rico law is generally inadmissible in Puerto Rico proceedings, and federal law (18 U.S.C. § 2515) bars unlawfully intercepted communications in federal proceedings. A lawfully made recording can be admissible, but it must still be authenticated and relevant — ask a lawyer before relying on one.

What if the other person on the call is in a different state?

When a call crosses state lines, courts may apply the stricter state’s law. If anyone on the call is in an all-party consent state such as California, Florida or Illinois, get everyone’s consent before recording. See cross-border calls.