Note: This page covers information specific to California. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.
California Wiretapping Law
California's wiretapping law is a "two-party consent" law.California makes it a crime to record or eavesdrop on any confidentialcommunication, including a private conversation or telephone call,without the consent of all parties to the conversation. See Cal. Penal Code § 632.The statute applies to "confidential communications" -- i.e.,conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use ofhidden video cameras to record conversations as well. See California v.Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).
If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circ*mstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.
If you are operating inCalifornia, you should always get the consent of all parties beforerecording any conversation that common sense tells you might be"private" or "confidential." In addition to subjecting you to criminalprosecution, violating the California wiretapping law can expose you toa civil lawsuit for damages by an injured party. See Cal. Penal Code § 637.2.
Consult The Reporters Committee for Freedom of the Press's Can We Tape?: California for more information on California wiretapping law.
California Law on Recording Court Hearings and Public Meetings
Court Hearings
In a California state courtroom, you may be able to use arecording device if specific requirements are met. Anyone may use aninconspicuous personal recording device for note-taking purposes withthe advance permission of the judge. For photographing, recording(other than as above), or broadcasting a court proceeding, you mustfile official media coverage request forms. These forms must be filedwith the court at least five days before the event to be covered. Thecourt has broad discretion to grant or deny such requests based on anumber of factors. See Rule 1.150 of the California Rules of Court for details.
Federal courts in California are part of the Ninth Circuit. InNinth Circuit appellate proceedings, cameras and recording devices arepermitted at the discretion of the presiding panel of judges. To getpermission, you need to file an Application for Permission to Photograph, Record, or Broadcast from the Courtroomthree days in advance, although the panel can waive the advance noticerequirement. Recording devices and cameras generally are prohibited infederal district courts in California.
For information on your right of access to court proceedings, please consult the Access to Government Information section of the guide.
Public Meetings
If you attend a public meeting (i.e., a meeting of agovernmental body required to be open to the public by law) inCalifornia, you may make an audio or video recording unless the stateor local body holding the meeting determines that the recordingdisrupts the proceedings by noise, illumination, or obstruction ofview. Cal. Gov't Code § 11124.1(a); Cal Gov't Code §§ 54953.5(a),-.6.
For details on your right of access to public meetings, see the Access section and the The Reporters Committee for Freedom of the Press's Open Government Guide: California.
For information on your right of access to public meetings, please consult the Access to Government Information section of the guide.
