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Paraguay Recording Laws: All-Party Consent, Penalties & 2026 Updates

By Recording Law Editorial TeamReviewed May 15, 202629 min read
Paraguay Recording Laws: All-Party Consent, Penalties & 2026 Updates

Frequently Asked Questions

Is Paraguay a one-party or all-party consent country for recording?

Paraguay is an all-party consent country. Under Article 144 of the Codigo Penal (Law 1160/1997), recording or listening to a private conversation without the consent of the person whose words are being captured is a criminal offense. Unlike one-party consent countries such as Brazil, simply being a participant in the conversation does not automatically give you the right to record it. The penalty under current law is up to two years in prison or a fine.

Can I record a phone call in Paraguay if I tell the other person at the start?

Yes, if the other person consents to the recording after being informed. Consent should be clear and affirmative. For business calls, playing an automated message that informs the caller the conversation will be recorded, and giving them the option to continue or disconnect, is the standard approach. Continuing the call after hearing the notification is generally treated as implied consent, though documenting that the notification was played is important for any future legal dispute.

What happens if I secretly record someone committing a crime against me in Paraguay?

Paraguayan courts have recognized a narrow justification defense for victims who record their own victimization. Under Article 20 of the Codigo Penal, the state of necessity defense may apply when a recording is the only practical way to document criminal conduct and the harm prevented outweighs the privacy intrusion. However, this is evaluated case by case. It is not a blanket permission to record without consent. Courts examine whether the recording was truly necessary and whether less intrusive alternatives existed.

Can my employer in Paraguay record me at work without telling me?

An employer may use video surveillance cameras in common work areas for security purposes, but employees must be informed through visible signage. Cameras are prohibited in bathrooms and changing areas. Audio recording of employee conversations poses greater legal risk and requires the consent of all parties under Article 144 of the Codigo Penal. Hidden microphones in the workplace would violate both the criminal code and constitutional privacy protections. When Ley 7593/2025 takes full effect in November 2027, systematic monitoring will also require a Data Protection Impact Assessment.

Can I record the police in Paraguay?

Paraguay has no statute that explicitly prohibits citizens from recording police officers or other public officials performing their public duties in public spaces. Article 144 of the Codigo Penal targets private communications, and official police conduct in public does not qualify as a private communication. Ley 6757 itself mandates body cameras for state officials during official procedures, reflecting a legislative posture that treats official-conduct recording as a transparency measure. The practical limit is non-interference: recording is understood to be permitted so long as it does not obstruct the police procedure itself.

Will Paraguay's recording laws change soon?

Two pending developments could change the framework. First, a July 2024 Senate bill would raise penalties for privacy and recording violations from a maximum of two years in prison to a mandatory two to five years, with up to 10 years when victims are minors, elderly, or persons with disabilities. Second, a March 2026 bill introduced by Senator Lizarella Valiente would create specific obligations for platforms to remove deepfakes and AI-generated imitations of voice and image. Both bills were pending as of May 2026. Additionally, Ley 7593/2025 on personal data protection takes full effect in November 2027 and will impose new compliance requirements on organizations that collect and process voice recordings.

Does Paraguay have a revenge pornography or NCII law?

Paraguay does not have a dedicated non-consensual intimate image (NCII) or revenge pornography statute as of May 2026. Victims must rely on existing provisions: Article 143 of the Codigo Penal (exposing intimate life, penalty is a fine), Article 144 (recording images in private settings without consent, up to two years in prison), and Law 5777/2016 for civil protective orders in intimate-partner situations. The 2024 pending amendment to Arts. 143 and 144 would substantially increase penalties if enacted.

Does Ley 7593/2025 change recording rules right now?

Not immediately. Ley 7593/2025 was promulgated on November 27, 2025, but full enforcement does not begin until November 2027, 24 months after promulgation. The National Data Protection Agency is not funded in Paraguay's 2026 budget. The recording-consent rules under the Codigo Penal (Articles 143 to 147) continue to govern recording conduct in the interim. However, organizations should begin compliance preparation now, including mapping voice and video data processing, identifying legal bases, and assessing whether a Data Protection Impact Assessment is needed for monitoring activities.

I am calling someone in Brazil from Paraguay. Whose recording laws apply?

Both countries' laws may apply depending on the circumstances. Paraguay requires all-party consent. Brazil generally permits one-party consent. For a call between a person in Paraguay and a person in Brazil, the safest practice is to apply the stricter of the two frameworks, which is Paraguay's all-party consent standard. Obtain and document consent from all parties before recording the call.

Sources and References

  1. Constitucion de la Republica del Paraguay, 1992 (Articles 33, 34, 36)(bacn.gov.py).gov
  2. Ley 1160/1997 - Codigo Penal de la Republica del Paraguay (Articles 143-147)(bacn.gov.py).gov
  3. Ley 3440/2008 - Modifica varias disposiciones de la Ley 1160/97, Codigo Penal(bacn.gov.py).gov
  4. Ley 1286/1998 - Codigo Procesal Penal (Articles 198-200, interception of communications)(bacn.gov.py).gov
  5. Ley 5241/2014 - Sistema Nacional de Inteligencia (intelligence interception framework)(bacn.gov.py).gov
  6. Ley 6757 - Implementacion de Videocamaras en Procedimientos de Funcionarios del Estado(bacn.gov.py).gov
  7. Ley 7280/2024 - De Reforma y Modernizacion de la Policia Nacional(bacn.gov.py).gov
  8. Ley 7593/2025 - De Proteccion de Datos Personales en la Republica del Paraguay(bacn.gov.py).gov
  9. Ley 1183/1985 - Codigo Civil del Paraguay (personality rights)(bacn.gov.py).gov
  10. Corte Suprema de Justicia, Ruling 674/2010 (Cecilia Cubas case - metadata vs. content distinction)(csj.gov.py).gov
  11. Codigo Penal de Paraguay Ley 1160/97 - Full Text (Organization of American States)(oas.org)
  12. Proyecto de Ley que Modifica los Articulos 143 y 144 del Codigo Penal (July 2024 Senate Bill)(py.vlex.com)
  13. Miedo a la IA: Senadora presenta ley contra deepfakes - ABC Color (March 2026)(abc.com.py)
  14. Analisis de la Ley N 7593/2025 de Proteccion de Datos Personales de Paraguay - BKM Abogados(berke.com.py)
  15. The State of Communication Privacy Law in Paraguay (Necessary and Proportionate / TEDIC)(necessaryandproportionate.org)
  16. Difusion de imagen no consentida en Paraguay - TEDIC (2021)(tedic.org)
  17. State of Privacy Paraguay - Privacy International (2019)(privacyinternational.org)
  18. Legalidad y validez de los audios - ABC Color (Paraguayan jurisprudence analysis)(abc.com.py)
  19. La ley sobre la proteccion de datos personales en Paraguay - TEDIC(tedic.org)
  20. Miedo a la IA: Senadora presenta ley contra deepfakes - ABC Color (March 2026)(abc.com.py)
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