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Legal Enigma
Legal Enigma, Attorney
Category: Legal
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Experience:  California trial attorney; civil litigation, business law, international law, family law
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What is the law on recording phone calls in ...

Resolved Question:

What is the law on recording phone calls in Mexico (the country)
Submitted: 8 years ago.
Category: Legal
Expert:  Legal Enigma replied 8 years ago.
Are you referring to phone calls generated in Mexico to another Mexican phone where you are a party to the conversation?
Customer: replied 8 years ago.
Yes. This is for the country Mexico only. It would apply for interstate and intrastate calls. It does not include calls made country to country. US Federal Law is a one party law meaning that one party must know the call is being recorded. US State law is irrelevant for these purposes. I am a Call Logging Software company and a large Mexican distributor wants to sell our recording software. I want to know the legal ramifacations.
Expert:  Legal Enigma replied 8 years ago.
This is a complicated question because there is no encompassing data or privacy protection law in Mexico. Unlike in the US, where a particular act may be prohibited, Mexico focuses on the purpose ot he act. The question is why a certain communication is being recorded. The clear line is that if it's being recorded for the purpose of divulging secrets or undermine the political process, then it's not allowed, otherwise it is.

Mexican authorities have large breadth when it come to wiretapping unless it's related to politicans or elections

When it comes to private citizens, there's a few things that come to mind:

The Mexican Constitution (Art. 16) protects a person's privacy in that it curtails divulgment of private information and the equivalent of warrantless searches.

There is also a General Communication Law that provides ffor interrupting communications and divulging secrets.

Their Federal Penal Code makes it a crime to reveal personal secrets by any means.




Customer: replied 8 years ago.
Reply to Legal Enigma's Post: I am concerned about getting more detail relative to the last two acts you mentioned. Other than that it looks pretty good.
Expert:  Legal Enigma replied 8 years ago.
Here's a link to the General Communication Law:
http://www.diputados.gob.mx/LeyesBiblio/pdf/73.pdf

And to the Penal Code (I believe it's Art. 210):
http://info4.juridicas.unam.mx/ijure/tcfed/8.htm?s=

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