Is It Illegal to Record a Call Without Consent? Excessive Regulation vs. Guaranteeing Voice Rights

"Recording Allowed Only with Consent from All Participants" Bill Proposed
Intended to Strengthen Privacy, Communication Secrecy, and Voice Rights
Concerns Raised Over Excessiveness, Potential to Undermine Positive Aspects of Recording

[Asia Economy Reporter Lim Hye-seon] If you have recorded phone calls or conversations without much thought just to keep work-related records because you found it bothersome to look for a notepad and pen, you may need to reconsider whether call recording is truly necessary. A bill has been proposed in the National Assembly that would impose criminal penalties of imprisonment from one year to ten years for recording calls or conversations without the consent of the other party, even if you are a participant in the conversation. The bill aims to strengthen privacy and freedom of communication secrecy, but concerns have been raised that it may be somewhat excessive, drawing attention to whether it will pass the National Assembly.

On the 22nd, Yoon Sang-hyun, a member of the People Power Party, recently proposed the "Partial Amendment to the Protection of Communications Secrets Act," which requires the consent of all participants in a conversation when recording conversations. According to current law, it is illegal for a third party to record private conversations between others in a non-public place. However, there is no regulation on recording conversations during calls without the consent of the other party, which Yoon explained poses a risk of violating voice rights.

Yoon stated, "While third parties recording others' conversations are punishable under current law, recording without consent between the parties involved in the conversation is not punishable according to current precedents," adding, "Crimes such as personal information leaks through threats are emerging, so it is desirable to obtain consent from the parties involved before recording." Overseas, about ten U.S. states and France regulate recording conversations without the other party's consent.

However, there is also a view that excessive regulation could hinder the legitimate functions of recording, such as securing legal evidence or social whistleblowing, so caution is necessary. In fact, there are precedents where recordings made secretly by a third party were legally recognized if there was a justifiable public interest. In a case where a parent placed a recorder in their child's bag to capture signs of child abuse by a teacher, the court did not consider the parent's recording as illegal. In October 2017, a bill was also proposed to notify the other party when recording calls, but it did not pass the National Assembly.

Domestic smartphone manufacturers are also expected to be inevitably affected. Unlike Apple's iPhone, Samsung Electronics' Galaxy smartphones have a call recording feature. Many people use Galaxy phones because call recording is necessary for work. A telecommunications industry official said, "If the call recording feature disappears, a significant number of Galaxy users will leave," adding, "Sufficient discussions are needed across various fields."