One of the most recent tools that the new mobile applications have made available to any user is the power record a phone call, regardless of the type of mobile phone on which it is performed.
Nevertheless, within the territory of Spain, there are certain conditions that must be met by anyone wishing to record a call and disseminate such information. Well, otherwise this action carries serious penalties for those who violate such conditions.
For this reason, here we will show you if it is legal to record a phone call in Spain, and otherwise, what sanctions this action can carry out.
How to record calls from mobile?
Given the reasons we need to do this, record phone calls it's a useful tool. Either for legal or labor reasons, we can record incoming or outgoing calls from our phone.
There is a difference when recording a call from a Android smartphone and an operating system in terms of ease. On Android devices, This is easy to do, as this option will be available once the call starts. You just have to accept the call and in the options menu while the connection time is running, dial record call. O, failing that, check the icon to record calls. The amount of time you have been recording the call will appear on the screen.
When we finish recording, we will return to press call recording icon To finish the process, this recording will appear in the audio folder. We will access it from the file explorer, locating the folder and entering it will be the recording.
On OS Devices it gets a bit complicated, since Phone has no direct option to do so. A trick to record calls without using apps is to include your own phone number in the call. You must save your number in the contact book and then have established a phone call that you want to record.
You must check the option of “Add call” and we look for the contact that we maintain with our telephone number and we will dial it, a call will begin at that third number that will be registered in the voice mailbox. The previous call will be put on hold after calling your own number, but we will press the option Combine call. And ready, this will allow the calls to merge and reconnect the call on hold. The conversation will be saved as a voice message on your iPhone smartphone.
Applications to record calls and conversations
To record calls andthere are a good number of applications for this purpose. We must bear in mind that some of these have surcharges, but also special features.
The Rev Call Recorder app is a free application to record calls for iPhone and is available in the Apple application store. It has no fees or advertising, recording is unlimited and free for both outgoing and incoming calls.
Call recorder rev has an additional transcription option for incoming and outgoing calls. All for a fee of $ 1.25 per minute of audio. This means it can return any audio or text, which is important when it comes to interviews or investigations.
Automatic call recorder It is a recording application for our Android phones. It allows us to register any incoming and outgoing call with high quality automatically and programmed.
The TapeACall Pro app, an iPhone app that has the option to record ongoing or upcoming calls. Recordings are displayed once you are done and can be played back, save or share. You have a free trial period of 7 days.
ACR cube ranks among the best apps this year. It has a file explorer to manage your recordings, reproduce them, delete or export them.
Automatic call recorder, allows you to record any incoming and outgoing calls. a high quality application optimized for Android. Which you can customize to receive and record as many times as you want.
We also have the Truecaller app Has caller ID and spam blocking. Helps identify unknown numbers, spam or business numbers. It gives us the possibility to block the numbers that we want and automatically to the sales numbers.
Is it legal to record a phone call in Spain?
With the evolution of telephony platforms and the current boom in smartphones, any user has the necessary tools that allow them to record calls made on a mobile phone, regardless of your operating system, since you can even record calls. in the WhatsApp application. Then the possibility of leave a copy of calls made or received is a reality.
However, although the ability to record a phone call is available to anyone, There are a series of conditions that you must take into account in case you want to do it. Well, otherwise it would be illegal to record a phone call in Spain.
So generally It is not legal to record phone calls in Spain and some other countries in the world. These types of recordings are considered illegal because they directly attack the right to privacy in communications.
Therefore, a phone call in Spain is only considered legal if the parties involved in it express such consent during recording and assume responsibility for what was expressed in the recorded call.
Rules or laws to record phone calls in Spain and other countries
When recording phone calls, It should be noted that there are special laws or regulations for this. Although in general we must make these recordings in a consensual way, there may be exceptions.
The rules allow recording conversations where we are part of it and in no case, a third party conversation. Well, There are the following laws that deal with these types of cases.
In first place the sentence 11/1984 of the judicial court, that gives the right to record the conversations in which we participate. In the same way, it is forbidden to record third-party conversations.
Well, if we do it, we will be violating the right to privacy and the protection of the secrecy of communications. Both are in the article 18 of the Spanish constitution. In addition, There is also the Organic Law on Data Protection.
When is it legal and illegal to record a conversation without asking for consent?
Call recording provides the ability to demonstrate what the person actually said during the call. But from a legal point of view, is becomes illegal when we do not participate in it.
Recording phone calls is completely legal as long as we request consent to do so. Or failing that, we are part of it, but in no way can we record third-party calls. What we incur missing item 18.3 THIS, violating the confidentiality rights of others.
Only in special cases, example, where a judge of authorization to record a third party conversation we can do it. The case belongs to certified private detectives who are free to do so.
What's more, can be done if collected for the exercise of public administrations. when they refer to the parties to a commercial contract or property of interest.
Based on the fact that you record phone calls in Spain and spread your content without authorization of the people who have participated in it is illegal and carries severe penalties; there are some cases in which it is legal to record a phone call in Spain.
Thus, the best case you can go to record an incoming call on your iOS or Android device, It is by agreeing with whoever called you that you will make said recording. Then, if someone listened to said recording, who participated is aware that such information could be disseminated.
On the other hand, in case you consider that the call in which you are participating is taking a violent tone or you feel attackedDo you think you are suffering from some kind of extortion or scam?, you can proceed to record a phone call without consulting the other party.
On this last case, We recommend that once the call is finished, and therefore the recording of it, go to the competent authorities and show them the recording while you explain what happened. without fear of suffering any type of penalty in the Spanish territory.
Penalty for recording calls without consent
Due to the legal implications of recording phone calls, this service was only available to people who had a security position. However, with the evolution of mobile devices and phone platforms, nowadays any user can record phone calls from Android or iOS. So that certain sanctions have been developed if the conditions for this process are not met.
Therefore, although recording the call is not initially a crime, this action becomes one at a time. in which said recording is broadcast. This is because privacy in communications is compromised, what goes against the Spanish Data Protection Law.
In addition, the act of retransmitting a recorded call without the consent of both parties violates the Article 197 of the Spanish Penal Code, whose particular objective is the regulation and protection of people's information.
So he violated this condition, the person could be sanctioned with a prison sentence of 1 a 4 years depending on the violation of rights that is carried out. You could also face a penalty of one year or three months depending on the details that are exposed in the recorded call..
Can non-consensual call recordings be transmitted?
According to the latest reform of the penal code, in the article 197.7, it is emphasized that it is a crime to disseminate this material. While it is legal to record calls in which we participate, it is illegal to transmit this material. As well, the penalty will be from three months to one year in prison, by disseminating or disclosing third party data.
When can they be used as legal evidence?
The use of these recordings is relevant as long as the conversation that takes place is made by the person presenting the test.. And as I already said was a participant in the conversation or have a special exception to do it.
Besides this, we must bear in mind that the whole conversation must Be spontaneous. Well, any type of deception that may lead who we are recording to give us important data, will make it useless as evidence.
They become useless when not participating in the conversation. And this is based on a merely personal or family content and a lack of vital interest for the person concerned..
