Peru interview recording laws: the right to one's own voice, Law 29733 consent and the 2025 regulation

Recording a job interview with a candidate in Peru calls for the candidate's consent in practice. The Constitution protects everyone's right "to their own voice and image" and the secrecy of their communications, and Law 29733 on personal data requires consent that is "prior, informed, express and unequivocal"; its 2025 regulation accepts a spoken yes given over a call. The law exempts data "necessary for the preparation" of a contract, but a full recording captures more than that, so ask. The regulator is the National Authority for Personal Data Protection (ANPD) in the Ministry of Justice and Human Rights. This is the position as of November 2026.

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

Peru's rules at a glance

Is it legal to record a job interview in Peru?

The starting point is the Constitution. Article 2(7) gives everyone the right "to honor and good reputation, to personal and family privacy, as well as to their own voice and image." Article 2(10) protects "the secrecy and inviolability of their communications and private documents," which "may only be opened, seized, intercepted or intervened by reasoned order of a judge, with the guarantees provided by law."

Law 29733 repeats the point in data protection terms. Article 13.4 says private communications "may only be opened, seized, intercepted or intervened by reasoned order of a judge or with the authorization of their holder," and that "personal data obtained in violation of this rule have no legal effect." An interviewer is a party to the call, but the candidate's voice is still the candidate's: the combination of the voice right and the consent rules below is why the workable practice is to ask before you record. Peru's Penal Code also contains offenses against privacy and communications; because we could not retrieve its official text, we do not summarize them, and you should confirm their effect with a Peruvian lawyer.

What does Law 29733 require?

A recording is personal data: the 2025 regulation defines personal data to include "acoustic" information, and the ANPD, in Advisory Opinion 07-2022-JUS/DGTAIPD on camera systems, said they capture personal data "such as the images and voices of a person." The rules that matter for an interview:

• Consent (Article 13.5). Personal data may be processed only with the person's consent, which "must be prior, informed, express and unequivocal." Consent can be revoked at any time (Article 13.7), and for sensitive data it must also be given in writing (Article 13.6).
• Spoken consent counts (Regulation, Article 5.1). Consent is express when the person gives it "orally, in person or through the use of any technology that allows oral interlocution." The burden of proving consent "falls in all cases" on the organization (Article 9).
• Information first (Regulation, Article 6.1). Tell the candidate, in plain language, who you are and how to reach you, the purposes, the recipients, any national or international transfer, "the existence of automated decisions, including profiling," the retention period and how to exercise their rights.
• Proportionality (Article 7). Processing must be "adequate, relevant and not excessive" for its purpose, and data may be kept "only for the time necessary" (Article 8).
• Sensitive data. The regulation's definition reaches beyond health and union membership to "moral or emotional data," which matters for any tool that claims to read a candidate's emotions from their voice.

Article 14(5) lists, among the cases where consent is not required, data "necessary for the preparation, conclusion and performance of a contractual relationship to which the data subject is a party." Notes of a candidate's answers can plausibly fit. A recording of everything said, including what the candidate mentions in passing, is harder to call necessary, and it touches the constitutional right to one's voice. Asking costs a sentence and removes the argument.

What else does the 2025 regulation add?

Supreme Decree 016-2024-JUS replaced the 2013 regulation and has applied since March 31, 2025. Beyond consent, it requires organizations that create, modify or cancel databases to register them with the National Registry for Personal Data Protection (Article 42), makes a data protection impact assessment optional while pointing to it especially for sensitive data and profiling (Article 40), and gives people a right not to be subject to decisions that produce legal effects or significantly affect them, including decisions based solely on automated processing that evaluates, among other things, "their professional performance" (Article 87). A tool that scores candidates with no human review runs into that last rule. The ANPD's own pages, including its register and its published answers to queries, are at gob.pe/anpd.

Can candidates get the recording, and how fast must you answer?

Yes. Article 19 of Law 29733 gives people the right to obtain the information about them being processed, how it was collected, why and at whose request, and the transfers made or planned. Article 69 of the regulation sets the deadlines, counted in business days from the day after the request: 8 days for a request for information, 20 days for access, and 10 days for correction, deletion or objection. 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 fixed period applies to recruiting. Article 8 of the law allows data to be kept "only for the time necessary to fulfill the purpose of the processing," and the regulation requires you to tell the candidate the retention period at the outset. Pick a short period after the hiring decision, say it in the consent line, and delete on schedule. Keeping a recording for a talent pool is a different purpose that needs its own consent. Our retention policy template gives the structure.

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

Two rules apply. First, scope: under Article VI of the regulation, Peruvian law reaches processing by an organization established in Peru, by a processor anywhere acting for such an organization, and by an organization outside Peru that uses means located in Peru or offers goods or services to, or profiles, people in Peru. Whether a US company's interviews fall inside that depends on the facts, so check before assuming they do not.

Second, transfers. Article 15 of Law 29733 allows cross-border flows to countries with an adequate level of protection; otherwise the sender must guarantee that the data are treated as Peruvian law requires, unless an exception applies, including the person's "prior, informed, express and unequivocal" consent. The regulation lets the ANPD declare countries adequate by resolution (Article 19), allows model contract clauses as guarantees (Article 20), and says cross-border flows "must be communicated" to the ANPD and entered in the National Registry (Article 21.2). Name the destination country in your consent line. Your own state's law governs your side of the call; see two-party consent states.

Can you use AI note takers for interviews in Peru?

Yes, with consent that names the tool, and with a vendor contract that meets the regulation's minimum terms for outsourced technology services (Articles 28 to 30): tell candidates transparently about the subcontracting, never let the provider take ownership of your data, keep control of the processing, and require the provider to prove it destroyed the data when the service ends. A provider that changes its terms to widen what it does with the data must tell you first. 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. 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 29733.

A consent line for interviews in Peru

"Antes de empezar: en [Empresa], con domicilio en [dirección],
quisiéramos grabar y transcribir esta entrevista para registrar con
precisión sus respuestas y evaluar su postulación. Solo la usaremos en
este proceso de selección [y la compartiremos con (cliente)]; la
herramienta procesa los datos en [país]. La conservaremos hasta
[plazo] y luego la eliminaremos. Puede ejercer sus derechos de acceso,
rectificación, cancelación y oposición escribiendo a [correo]. ¿Nos
autoriza a 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 in this selection process
[and share it with (client)]; the tool processes the data in
[country]. We'll keep it until [period] and then delete it. You can
exercise your rights of access, correction, deletion and objection by
writing to [email]. Do you authorize us to record? You can refuse or
ask me to stop at any time; it won't affect your application.")

The line covers the Article 6.1 information, names the destination country so that consent to a cross-border flow is informed, and records the spoken yes that Article 5.1 accepts. More wording is in the interview recording consent script.

Checklist before you record interviews in Peru

• Consent asked before recording or live transcription starts, and the yes kept on the recording or in your system.
• Article 6.1 information given: who you are, purposes, recipients, transfers, automated decisions, retention, rights.
• Candidate database registered with the National Registry; cross-border flows reported to the ANPD.
• Vendor contract meeting Articles 28 to 30, including proof of deletion when the service ends.
• No emotion analysis or other sensitive data processing; no decision based only on an automated score.
• Requests answered within 8, 20 or 10 business days, depending on the right.
• Penal Code position confirmed with a Peruvian lawyer.

Also hiring in Latin America? See Costa Rica, Argentina, Mexico and Colombia.