Recording calls in Mexico: what the law says

On recording calls, Mexico's law starts with the Constitution. Article 16 declares private communications inviolable and says the law will punish acts against their freedom and privacy, "excepto cuando sean aportadas de forma voluntaria por alguno de los particulares que participen en ellas" — except when voluntarily provided by one of the individuals taking part. The Federal Penal Code's offences are aimed at intervening in communications without a court order and at spreading what such an intervention obtained.

For businesses, a new federal data-protection law took effect in March 2025, replacing the 2010 law, and the INAI that used to enforce it has been abolished. This guide covers both layers and a routine for calls with people in Mexico. For the picture across countries, see is it legal to record a meeting?

Recording calls in Mexico: the law at a glance

Layer 1: the Constitution and the Federal Penal Code

Article 16

The relevant paragraph of article 16 (text current to the reform published on 15 November 2024) reads:

In short: private communications are inviolable; the law punishes attacks on them, except where a participant voluntarily provides them; a judge assesses such communications where they relate to a crime; and none that breach a legal duty of confidentiality are admitted. The next paragraph reserves authorising the intervention of private communications to the federal judiciary, and never in electoral, tax, commercial, civil, labour or administrative matters.

The constitutional text treats a participant's communications differently from a third party's. How the Supreme Court (SCJN) has applied that to recordings made by participants is a matter of case law we could not verify from the court's own database, so this guide does not summarise it.

The Federal Penal Code

The Federal Penal Code punishes:

• Article 177: whoever intervenes in private communications without an order from a competent judicial authority, with six to twelve years' imprisonment and a fine.
• Article 211 Bis: whoever reveals, spreads or improperly uses, or uses to another's detriment, information or images obtained through an intervention in a private communication, with the same penalty.

Both are about intervening in communications. Neither text addresses a participant's own recording.

Layer 2: the 2025 federal data-protection law

On 20 March 2025, the Diario Oficial de la Federación published a new Ley Federal de Protección de Datos Personales en Posesión de los Particulares. It took effect the next day and repealed the 2010 law of the same name. The same reform abolished the INAI; the new law names the Secretaría Anticorrupción y Buen Gobierno as the authority.

Points that shape a business recording:

• Personal-use exemption. The law does not apply to people who collect and store personal data "para uso exclusivamente personal, y sin fines de divulgación o utilización comercial" (article 1).
• Consent. Consent is the general rule, and it may be tacit where the privacy notice has been made available and the person does not object (article 7).
• Sensitive data — such as health, religious beliefs or political opinions — needs express written consent (article 8).
• Exceptions to consent include a legal provision, a legal relationship with the data subject, emergencies and court orders (article 9).
• Privacy notice. The controller must provide an aviso de privacidad with its identity, the data collected (flagging sensitive data), the purposes, and how to exercise rights (articles 14–17).
• ARCO rights. People may ask for access, rectification, cancellation and opposition.
• Deletion. Data must be deleted once it is no longer needed, after a blocking period (article 10).

We did not confirm whether the implementing regulations for the 2025 law have been issued as of 25 September 2026.

A routine for calls with people in Mexico

1. Check your organisation's privacy notice covers recording meetings, and your client's rules.
2. Say at the start that you would like to record and why. In Spanish, "¿Le parece bien si grabo la llamada para mis notas?" is a plain way to ask. How to ask for consent to record has English wording.
3. Stop if anyone objects.
4. Do not share the audio; share checked notes.
5. Delete the recording once its purpose is served. Writing a meeting recording policy covers retention and notices.

For the comparable rules elsewhere in Latin America, see recording calls in Brazil.

How Notey fits into this

Notey records your microphone and the sound your Mac plays, on your own Mac. Nothing joins the call.

• Nothing is saved until you press Allow when Notey notices a call, unless you chose a rule in advance, such as arming the next call.
• Transcription happens on the Mac, in the Mac's language. Spanish (Mexico) is among the variants Apple's on-device transcriber supports; the improved transcript after a meeting is English only.
• AI notes send transcript text only, when you ask or when write-ups are on, to Notey's service and on to OpenAI as a processor. See the privacy policy.
• The red dot and elapsed timer are visible to you, not to the call.

Frequently asked questions

Is it legal to record a phone call in Mexico?

Article 16 of the Constitution makes private communications inviolable but excepts communications voluntarily provided by one of the individuals taking part. The Federal Penal Code's offences target intervening in communications without a court order. A participant's own recording is not what those provisions describe.

Can a recording be used as evidence in Mexico?

Article 16 lets a judge assess communications voluntarily provided by a participant where they relate to a crime, and excludes any that breach a legal duty of confidentiality. Other uses depend on the court and the case.

What is Mexico's data-protection law for businesses?

A new Federal Law on the Protection of Personal Data Held by Private Parties took effect on 21 March 2025, replacing the 2010 law. It keeps the privacy notice (aviso de privacidad), consent and the ARCO rights.

Who enforces data protection in Mexico now?

The INAI was abolished. Under the 2025 law, the Secretaría Anticorrupción y Buen Gobierno is the authority for private-sector data protection.

Does the law apply to a recording I make for myself?

The 2025 law does not apply to people who collect and store personal data for exclusively personal use, without disclosure or commercial use.