Recording job interviews in China: PIPL consent, separate consent for clients and transfers, and the Civil Code

Recording a job interview with a candidate in mainland China is governed by the Personal Information Protection Law (PIPL), in force since November 1, 2021, and by the privacy articles of the Civil Code. Before you record, tell the candidate who you are, why you are recording, what you keep and for how long (Article 17), and get consent that is fully informed, voluntary and explicit (Article 14). Sharing the recording with a client and sending it abroad each need the candidate's separate consent (Articles 23 and 39), and the PIPL reaches foreign recruiters who assess candidates in China (Article 3). This is the position as of November 2026.

This page adds mainland China to our country series alongside Hong Kong, Taiwan and South Korea. Hong Kong and Taiwan have their own laws, covered on their own pages. It is for recruiters, agency consultants and hiring managers who interview candidates located in mainland China by video or phone, including from the US.

China's rules at a glance

Is it legal to record a job interview in China?

Yes, with the candidate's knowledge and agreement. The Civil Code, in force since January 1, 2021, defines privacy in Article 1032 as "the tranquility of a natural person's private life and the private spaces, private activities and private information that they do not wish others to know." Article 1033 says that, unless the law provides otherwise or the right holder "expressly consents," no organization or individual may "film, peep at, eavesdrop on or publicize the private activities of others," or process their private information.

An interview you take part in is not obviously a "private activity" kept from you, but the safer reading is the one the PIPL already demands: a recording of a candidate's voice is "personal information" under Article 4, and recording, storing, transcribing and sharing it are all "processing." Tell the candidate and ask before you press record.

Which legal basis applies to an interview recording?

Article 13 of the PIPL lists the bases: the individual's consent; necessity "to conclude or perform a contract to which the individual is a party," or "to carry out human resources management in accordance with lawfully formulated labor rules and collective contracts"; legal duties; emergencies; news reporting; and information the person has made public. Where one of the non-consent bases applies, consent is not required.

Hiring an applicant is a step toward an employment contract, but a recording is rarely "necessary" for it when notes would do, and the HR management basis is written for staff under existing labor rules. Consent is therefore the practical basis. Article 14 requires it to be given "voluntarily and explicitly" by the individual "on the premise of being fully informed," and new consent is needed if the purpose, method or categories change. Article 15 lets the candidate withdraw it and requires "a convenient way" to do so.

What must you tell the candidate?

Article 17 requires notice "before processing," "in a conspicuous way and in clear and easy-to-understand language," truthfully, accurately and completely, of: your name and contact details; the purpose and method of processing, the categories of personal information and the retention period; and how the candidate can exercise their rights. Article 19 adds that retention "shall be the shortest time necessary to achieve the purpose." Put the notice in the invitation, name the period, and repeat the essentials at the start of the call.

Can you share the recording with a client or a vendor?

Sharing with another company that decides how to use the recording, such as an agency's client, falls under Article 23: you must tell the candidate "the recipient's name, contact details, purpose of processing, method of processing and categories of personal information, and obtain the individual's separate consent." The client may use it only within that scope. Ask this as its own question. In its chapter on recruitment, Article 13 of the Ministry's Provisions on Employment Services and Employment Management also says an employer "shall keep workers' personal data confidential," and that disclosing it requires "the worker's written consent."

A vendor that only processes on your instructions, such as a transcription service, is an entrusted party under Article 21. You need an agreement on the purpose, period, method, categories of data, protection measures and each side's duties, and you must supervise the vendor, which must return or delete the data when the contract ends.

What about health, religion and other sensitive information?

Article 28 defines sensitive personal information to include "biometric recognition, religious beliefs, specific identity, medical and health, financial accounts, whereabouts" and the information of minors under 14. Processing it requires a specific purpose, sufficient necessity and strict protection (Article 28), the individual's separate consent (Article 29), and notice of why it is necessary and how it affects them (Article 30). Do not ask about health or religion, and keep anything volunteered out of notes and scorecards.

Can you send recordings abroad?

Article 39 requires, for any transfer outside China, telling the candidate "the name, contact details, purpose of processing, method of processing and categories of personal information" of the foreign recipient and how to exercise their rights against it, and obtaining separate consent. Article 38 also requires one of the routes it lists: a CAC security assessment, certification, the CAC's standard contract, or another condition set by law or by the CAC.

The CAC's Provisions on Promoting and Regulating Cross-Border Data Flows, in force since March 22, 2024, exempt some transfers from those mechanisms. Article 5 covers transfers truly necessary to conclude or perform a contract with the individual; cross-border HR management of "employees" under lawful labor rules; emergencies; and transfers by processors other than critical information infrastructure operators of the personal information of "fewer than 100,000 people (excluding sensitive personal information)" cumulatively since January 1 of the year. The exemptions remove the assessment, certification or contract step; they do not remove the Article 39 notice and separate consent.

Does the PIPL reach a recruiter in the US?

It can. Article 3 applies the PIPL to processing outside China of the personal information of individuals in China where the purpose is "to provide products or services to natural persons in China" or "to analyze or assess the behavior of natural persons in China." Assessing a candidate in an interview can fit the second test. A foreign processor caught by Article 3 must "set up a dedicated office or designate a representative" in China and report it to the authorities (Article 53). Your own state's law also governs your side of the call; see two-party consent states.

Can candidates get the recording, and must you delete it?

Article 45 gives individuals the right "to consult and copy" their personal information, which the processor "shall provide in a timely manner"; the PIPL sets no fixed number of days. Article 47 requires you to delete it on your own initiative when the purpose has been achieved or is no longer necessary, the retention period has expired, or consent is withdrawn. Article 50 requires a convenient way to receive requests and reasons for any refusal, and lets the individual sue.

Can you use AI note takers or transcription?

Yes, within these rules. Article 55 requires a personal information protection impact assessment before processing sensitive information, using automated decision-making, entrusting processing to others, providing data to another processor, or transferring it abroad, so a US-hosted AI tool usually triggers one. Article 24 gives individuals the right to an explanation of, and to refuse, decisions "made solely through automated decision-making" that significantly affect them, so keep a person in the hiring decision. Interview Signal, for example, captures audio on the interviewer's own computer with no bot joining the call, shows a read-aloud consent line with a one-click pause, and does not retain audio after transcription; the transcript is still personal information under the rules above. Ask any vendor whether it trains models on recordings, which would be a new purpose.

A consent line for interviews with candidates in China

开始面试前，想先征得您的同意：为了准确记录您的回答，我想[对本次通话
录音／使用软件把对话转成文字]。[录音／文字记录]仅用于本次招聘，由
[公司名称]处理，并在作出录用决定后[期限]内删除。您同意录音吗？
另外两件事需要您分别同意：[客户名称]会收到[录音／文字记录]，您是否
同意？[录音／文字记录]将由[服务商]存储在[境外国家]，您可以通过
[联系方式]行使查阅、复制、删除等权利，您是否同意？您可以拒绝，也
可以随时要求停止录音，这不会影响对您应聘的评估。

(Before we start the interview, I'd like your consent: so that I
capture your answers accurately, I'd like to [record this call / use
software to turn our conversation into text]. The [recording /
transcript] is used only for this recruitment, processed by [company]
and deleted within [period] after the hiring decision. Do you agree to
the recording? Two more things need your separate agreement: [client]
will receive the [recording / transcript]; do you agree? The
[recording / transcript] will be stored by [vendor] in [country
outside China], and you can exercise your rights to consult, copy and
delete it through [contact]; do you agree? You can say no, or ask me
to stop recording at any time; it will not affect how your
application is assessed.)

Send the full Article 17 notice, with the client's and the vendor's details, in the invitation. More wording is in the interview recording consent script.

Checklist before you record interviews in China

• Article 17 notice before the call, with the retention period and how to exercise rights.
• Consent to the recording confirmed on the call; withdrawal made easy.
• Separate consent to share with a client (Article 23) and to store or send data abroad (Article 39).
• Transfer mechanism, or a confirmed 2024 exemption, documented; impact assessment on file.
• Entrustment agreement with every vendor; no reuse of recordings for training without new consent.
• No questions on health, religion or other sensitive matters; volunteered details kept out of notes.
• Recordings deleted when the hiring purpose is achieved.