|CITATION||Cal. Penal Code § 640-638|
It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties. Cal. Penal Code §§ 631, 632. It is also a crime to disclose information obtained from eavesdropping. However, an individual can still be convicted without disclosing information. Two appellate courts have held that there is no disclosure or publication requirement for violation of the Privacy Act by recording confidential communications without consent. Coulter v. Bank of America, 28 Cal. App. 4th 923 (Cal. Ct. App. 1994). Marich v. MGM/UA Telecommunications, Inc., 113 Cal. App. 4th 415 (Cal. Ct. App. 2003).
Eavesdropping upon or recording a conversation, whether by telephone or face-to-face, when a person would reasonably expect their conversation to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications. A California appellate court ruled that a network’s broadcast of a news report that used excerpts from secret recordings during two patient examinations violated the privacy rights of the physician, who had a reasonable expectation that his communications with his patients would be private and not recorded. Lieberman v. KCOP Television, Inc. 110 Cal. App. 4th 156 (Cal. Ct. App. 2003).
|CONSENT REQUIRED||All parties to the communication.|
|PENALTIES||Misdemeanor conviction results in two thousand five hundred dollars ($2,500) fine and/or imprisonment in county jail for up to one year or in state prison. For second or subsequent offense, fine up to ten thousand dollars ($10,000) or imprisonment up to one year.|