In California, it’s generally illegal to record a private conversation or activity without the consent of all parties involved. This is because California is a two-party consent state under the California Invasion of Privacy Act (CIPA).
Unilaterally recording someone—such as secretly recording a coworker or an employer—without their permission is typically illegal unless you are a participant in the conversation or recording is authorized under specific circumstances. For example, if you are part of the conversation or you have the consent of at least one party, recording may be lawful.
Exceptions include:
- When you’re recording to gather evidence of criminal activity or severe and pervasive workplace harassment (though this can be legally complex).
How to legally record in California:
- Obtain explicit consent from all parties involved before recording.
- Ensure everyone knows the recording is happening and agrees to it.
If you’re considering recording someone or are faced with questions about whether a recording is lawful, it’s best to consult an attorney for guidance.
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