Recording job interviews in Argentina: consent to capture a voice, Law 25,326 and AAIP transfer rules

Recording a job interview with a candidate in Argentina requires the candidate's consent. Article 53 of the Civil and Commercial Code says that to "capture or reproduce the image or the voice of a person, in any way, their consent is necessary," and Law 25,326 on personal data makes processing unlawful without consent that is "free, express and informed," in writing or an equivalent form. The Penal Code separately punishes improperly intercepting private communications. The regulator, the Agency for Access to Public Information (AAIP), does not list the United States as an adequate country, so US-hosted tools need consent to the transfer or its model clauses. This is the position as of November 2026.

This page adds Argentina to our country series alongside Brazil, Chile and Colombia. It is for recruiters, nearshore staffing teams and hiring managers who interview candidates located in Argentina by video or phone, including from the US. Quotations from Argentine sources are our translations from Spanish.

Argentina's rules at a glance

Is it legal to record a job interview in Argentina?

Only with the candidate's consent. The clearest rule is in the civil law, not the criminal law. Article 53 of the Civil and Commercial Code, headed "right to one's image," provides: "To capture or reproduce the image or the voice of a person, in any way, their consent is necessary," except where the person takes part in public events, where there is a "priority" scientific, cultural or educational interest and enough precautions are taken, or in the regular exercise of the right to report on events of general interest. A job interview fits none of those exceptions, and the rule covers capturing the voice whether or not you keep or share the file.

Other civil provisions back this up. Article 52 lets a person whose privacy, image or dignity is harmed claim prevention and compensation, and Article 1770 says that anyone who "arbitrarily intrudes into another's life" or "disturbs their privacy in any way" must stop and pay compensation set by a judge. Germany's headline rule on recording sits in its Criminal Code (see recording job interviews in Germany); Argentina writes the consent requirement directly into its civil code.

Is recording an interview a crime in Argentina?

The criminal rules are aimed at outsiders and at disclosure. Article 153 of the Penal Code punishes, with fifteen days to six months in prison, anyone who improperly opens or accesses an electronic communication or other message "not addressed to them," and anyone who "improperly intercepts or captures electronic communications or telecommunications from any system of a private nature or of restricted access." The penalty rises to one month to one year if the offender also communicates the content to another or publishes it. Article 155 adds a fine for anyone who, holding a communication "not intended for publication," improperly has it published, if that causes or could cause harm to others.

We found no official text treating a participant's own record of a call as interception, but the question matters little for recruiters: Article 53 requires consent anyway, and a third-party bot joining a call unannounced is closer to what Article 153 describes. Article 18 of the Constitution also makes "correspondence and private papers" inviolable.

What does Law 25,326 require?

A recording or transcript is personal data, "information of any kind referring to" identified or identifiable people, under Law 25,326. Decree 1558/2001 brings any database that "exceeds exclusively personal use" within the law, which covers an employer's or agency's candidate files. The rules that matter for an interview:

• Consent (Article 5). Processing "is unlawful when the data subject has not given free, express and informed consent, which must be recorded in writing, or by another means that can be treated as equivalent, according to the circumstances." If consent is given together with other statements, it must appear "expressly and prominently." The exception for data that derive from a contractual relationship and are necessary for it does not obviously cover a candidate who has no contract yet.
• Information first (Article 6). Before collecting, tell the person "expressly and clearly" the purpose and the recipients or classes of recipients; that the database exists and who holds it, with an address; whether answers are mandatory or optional; the consequences of giving data, refusing or giving inaccurate data; and their rights of access, correction and deletion.
• Quality and fairness (Article 4). Data must be "adequate, relevant and not excessive" for the purpose, may not be collected "by disloyal or fraudulent means," may not be used for incompatible purposes, and "must be destroyed when they are no longer necessary or relevant."
• Sensitive data (Article 7). "No person can be obliged to provide sensitive data," which the law defines to include racial and ethnic origin, political opinions, religious or moral convictions, union membership, health and sex life.
• Sharing (Article 11). Passing data to a third party, such as a client employer, needs the person's prior consent, after telling them the purpose of the sharing and who the recipient is.

The AAIP's page on obligations of database controllers adds that private databases "intended to provide reports" must be registered with the National Registry of Personal Databases, and that the Article 6 information must be displayed in a visible place under AAIP Resolution 14/2018. Check whether your candidate database must be registered.

Can candidates ask for the recording or the transcript?

Yes. Article 14 of Law 25,326 gives the data subject, after proving identity, the right to obtain information about their data, and the controller must provide it "within ten calendar days" of a formal demand. Access is free at intervals of six months or more unless a legitimate interest is shown, and the information must be clear and cover the person's whole record (Article 15). Article 16 requires correction, updating or deletion "within a maximum of five business days" of the complaint. If the deadline passes, the person can go to court through the habeas data action or complain to the AAIP. Plan for requests for recordings, transcripts and notes; our candidate data access requests guide has a workflow.

How long can you keep interview recordings?

No period is fixed. Article 4(7) says data "must be destroyed when they are no longer necessary or relevant to the purposes for which they were collected," and Article 4(3) bars using them for an incompatible purpose. Keep recordings for a short, documented period after the hiring decision, and ask separately if you want to keep a candidate in a talent pool. Our retention policy template gives the structure.

What if the interviewer or the tool is in the US?

Article 12 of Law 25,326 prohibits transfers of personal data "of any kind" to countries that do not provide adequate protection. The AAIP's page on international transfers lists the countries Argentina treats as adequate under DNPDP Disposition 60/2016 and AAIP Resolution 34/2019: EU and EEA member states, the UK, Switzerland, Guernsey, Jersey, the Isle of Man, the Faroe Islands, Canada for its private sector, Andorra, New Zealand, Uruguay and Israel for automated data. The United States is not on it. The AAIP's own example is a familiar one: an Argentine company that stores data with a US cloud provider is making an international transfer.

For a non-adequate country there are three routes. Article 12 of Decree 1558/2001 lifts the ban "when the data subject has expressly consented" to the transfer. The AAIP offers model contract clauses, in Disposition 60/2016 (one for sharing with another controller, one for service providers) and Resolution 198/2023 (the Ibero-American Data Protection Network clauses); a contract that departs from the models must be submitted for approval within thirty calendar days of signing. Groups of companies can use binding corporate rules under Resolution 159/2018. If you interview from the US, your own state's law also governs your side of the call; see two-party consent states.

Can you use AI note takers for interviews in Argentina?

Yes, with the candidate's consent to the recording, notice of the tool, and a transfer route for any vendor outside an adequate country. Article 25 of Law 25,326 limits what a service provider may do: data processed on behalf of others "may not be applied or used for a purpose other than the one in the service contract," nor passed to others, and must be destroyed when the service ends unless the client authorizes keeping it for up to two years. A vendor that trains its models on your interviews is using them for its own purpose; see do AI note takers train on interview recordings. The AAIP's 2025 guide to transparency and personal data protection for responsible AI recommends a data protection impact assessment for organizations that carry out a "systematic and exhaustive" evaluation of personal aspects based on automated processing, such as profiling, which can describe a tool that scores candidates.

Interview Signal, for example, captures audio from the interviewer's own computer with no bot joining the call, shows a read-aloud consent line with a one-click pause, and sends audio to a speech-to-text provider in short chunks that are not retained; the transcript stays on the interviewer's computer and is still personal data under Law 25,326.

A consent line for interviews in Argentina

"Antes de empezar: en [Empresa], con domicilio en [domicilio], nos
gustaría grabar y transcribir esta entrevista para registrar con
precisión sus respuestas y evaluar su postulación. La usaremos solo
para este proceso de selección [y la compartiremos con (cliente)];
la herramienta procesa los datos en [país]. La eliminaremos [plazo]
después de la decisión, y puede pedir acceso, rectificación o
supresión escribiendo a [correo]. ¿Presta su consentimiento para
grabar? Puede negarse o pedirme que pare en cualquier momento; no
afectará su postulación."

("Before we start: [Company], of [address], would like to record and
transcribe this interview to capture your answers accurately and
assess your application. We'll use it only for this selection process
[and share it with (client)]; the tool processes the data in
[country]. We'll delete it [period] after the decision, and you can
ask for access, correction or deletion by writing to [email]. Do you
consent to the recording? You can refuse or ask me to stop at any
time; it won't affect your application.")

The line covers the Article 6 items and names the country so that consent to a transfer is informed. Send the same text in the invitation and keep the candidate's written reply, which meets Article 5's "in writing, or ... equivalent" standard more clearly than a spoken yes alone. More wording is in the interview recording consent script.

Checklist before you record interviews in Argentina

• Consent to the recording obtained before it starts, in writing or an equivalent form, and kept.
• Article 6 information given first: purpose, recipients, who holds the data, rights.
• Separate consent for sharing with a client (Article 11) and for any talent pool.
• US or other non-adequate vendors covered by express consent or AAIP model clauses.
• Service contract that bars the vendor from using recordings for its own purposes.
• Sensitive topics kept out of interviews and notes.
• Registration of the candidate database checked; requests answered within 10 calendar days.

Also hiring in Latin America? See Chile, Colombia, Brazil and Mexico.