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Apple’s call recording feature sparks privacy concerns in Puerto Rico

Both regulators and telecom providers urge consumers to use these features carefully to avoid legal consequences.

Apple’s latest update to its Phone app, which now allows recording calls, is raising concerns from Puerto Rico officials and telecom providers, who emphasize the importance of using these tools responsibly.

Apple recently introduced a range of features, such as real-time call recording with transcription and satellite messaging, but Puerto Rico’s stringent privacy laws may complicate their adoption.

The Phone app, through the iOS 18 update, now allows live call recording and transcription, storing transcripts in the Notes app for easy reference. However, Puerto Rico’s legal environment raises challenges around these capabilities.

Under Puerto Rico’s Penal Code, recording telephone conversations without the consent of all parties is illegal. Section 2160 of Title 33 specifically prohibits recording phone calls without express permission, categorizing it as a misdemeanor offense that can result in fines up to $5,000 or imprisonment for up to five years. 

Courts in Puerto Rico do not admit evidence obtained in violation of this law, further complicating the potential use of call recordings in any legal context.

Ferdinand Ramos, chairman of the Puerto Rico Telecommunications Bureau (NET, in Spanish), highlighted the potential legal repercussions, saying, “In Puerto Rico, it’s illegal to record telephone conversations without the consent of the parties. Anyone who does so is exposed to being reported under the penal code.”

He also clarified that his agency lacks jurisdiction over the design and functionality of phone features, emphasizing that the responsibility lies with device manufacturers.

“It’s important to note that the functionalities of the devices are designed and managed exclusively by the manufacturer (Apple), and not by the telecommunications companies,” said Héctor Álvarez, spokesman for Claro Puerto Rico.

“At Claro, all our service contracts stipulate that the use of our products and/or services by the user must always be carried out in a legal manner and in compliance with applicable regulations. Correct and lawful use is what we promote, never the opposite,” he said.

Liberty Communications’ vice president of legal, Carla Framil-Ferrán, also commented on the importance of responsible technology use.

“This, just like other technologies, is designed to facilitate our lives. People should use technology wisely and responsibly,” Framil-Ferrán said, reinforcing the need for users to remain cautious in navigating the new features.

The Puerto Rican Telecommunications Alliance, while celebrating Telecommunications and Information Technology Week, deferred detailed discussions on Apple’s updates to telecom providers.

The Alliance reiterated its “commitment to educate about the importance of telecommunications and information technology, and to continue promoting the optimal environment for their development.”

Author Details
Author Details
Business reporter with 30 years of experience writing for weekly and daily newspapers, as well as trade publications in Puerto Rico. My list of former employers includes Caribbean Business, The San Juan Star, and the Puerto Rico Daily Sun, among others. My areas of expertise include telecommunications, technology, retail, agriculture, tourism, banking and most other segments of Puerto Rico’s economy.
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