California Penal Code 632.7 illegal tape recording law California

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California Penal Code Section 632.7 states:

632.7. (a) Every person who, without the consent of all parties to
a communication, intercepts or receives and intentionally records, or
assists in the interception or reception and intentional recordation
of, a communication transmitted between two cellular radio
telephones, a cellular radio telephone, and a landline telephone, two
cordless telephones, a cordless telephone, and a landline telephone,
or a cordless telephone and a cellular radio telephone shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If
the person has been convicted previously of a violation of this
section or of Section 631, 632, 632.5, 632.6, or 636, the person
shall be punished by a fine not exceeding ten thousand dollars
($10,000), by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment.

This is part of the law of illegal tape recording in CA. California is a two-party state meaning both parties to the phone call have to consent. Federal interstate calls or calls to and from one-party states can cause particular problems and may not be cases we can handle.

If someone is violating your legal rights, although a penal code statute, you may have a right to file a private lawsuit. Call us to discuss your case or go to the website above.

See California case for more information: https://law.justia.com/cases/california/supreme-court/4th/18/200.html

A confidential communication, for purposes of Penal Code section 632 (hereafter section 632), need not fall within an evidentiary privilege. Rather, the term includes "any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering ... or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded." (§ 632, subd. (c).) The Invasion of Privacy Act, as we explained in Ribas, provides legal recognition of the individual's reasonable expectation of privacy against unauthorized interception and recording of confidential conversations: "While one who imparts private information [18 Cal. 4th 235] risks the betrayal of his confidence by the other party, a substantial distinction has been recognized between the secondhand repetition of the contents of a conversation and its simultaneous dissemination to an unannounced second auditor, whether that auditor be a person or a mechanical device. (Warden v. Kahn [(1979)] 99 Cal. App. 3d 805, 813-814 [160 Cal. Rptr. 471].) [¶] ... [S]uch secret monitoring denies the speaker an important aspect of privacy of communication-the right to control the nature and extent of the firsthand dissemination of his statements." (Ribas, supra, 38 Cal.3d at pp. 360-361.) fn. 15

This could put in legal jeopardy taping people through their windows with a ring doorbell monitor. Check with your Privacy Attorney before setting up your camera, or your drone.

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