Years ago, Android Mobiles included by default a function to record calls with a single key. A lot, because we are talking about the time of Android 5 lollipop. Little by little, he disappeared and now it is only possible to do it through Some call for registration applications (and don't even work well in many cases).
He chique of the question lies in legality. And although many have been discussed by himself It's legal or not record phone callsThe only thing that is clear is that in Europe, mobile phones do not allow this to the point that Google has eliminated these store applications.
Even the most famous, like Callapp, have this deactivated function and have managed to survive thanks to their particular way of helping us Telephone spam.
The reasons: secret data protection and communications
To find out whether it is legal or not to record the so -called so called phones, we must go to the GDPR (the General data protection regulation of the European Parliament) and the LOPD (the Official Data Protection Act from Europe).
These are the same regulations that protect us (or at least try) to prevent our data from giving third parties without our consent and the standard to which we can refer when We want our data to unload In a service that we used at some point in our digital life.
Voice records are also considered personal data. But there are two exceptions, which appear precisely in articles 6.1 and 6.2, respectively, of the law aforementioned on data protection.
On the one hand, it is expressed that for data processing (including calls) Consent is necessary of all the parties involved. This is the reason why commercial calls often warn you if you are recorded. You can oppose.
But this article also includes “unless the law provides something else”. And in this case, with the law in hand, we find some exceptions, mainly three: when registration is necessary by public administrations for their powers, when the other party needs it for the development of a job or an administrative contract and when the objective is a Vital interest of the interested party.
In all cases mentioned, it is assumed that the one who wants to record the conversation is one of the parties involved. But what happens if we want to record the call of others? In this case, go to Spanish Constitution And more specifically in article 18.3, we find one of the fundamental rights of people: the secret of communications.
Here, telephone calls are expressly mentioned and establish a small exception: “The secret of communications is guaranteed and, in particular, postcards, telegraphs and telephone, with the exception of judicial resolution.”
It could also be characterized as a crime against privacy, on the basis of article 197.1 of the Criminal code.
Something similar is happening in the rest of Europe
We have already mentioned that the GDPR regulates the processing of personal data and coincides with the requirements imposed by Spanish legislation: registration must be voluntarily accepted. If it is done without this consent, there must be a valid legal reason.
Each country specifically regulates its most concrete requirements for the recording of calls, depending on the different contexts that may exist.
In general, it is concordant. For example, Germany includes the need for consent of all the parties involved in its Criminal code And Ireland thus coincided Data Protection Act.
The fact that our mobile does not let us record the calls natively makes sense. Cut root which could be a problem, in addition to an illegal act.
In Xataka Android | The last goodbye to cheap mobiles with micro USB. That's all that changes this Saturday
In Xataka Android | Install Android Auto on the motorcycle: that's what the DGT says
