Lisa and Den are colleagues. They don’t get alone with each other. Lisa once recorded their conversation and showed it to their manager to against Den. Can Lisa do this? Can Den suit Lisa for recording their conversation without his permission?
I would like to know the legality of an employee recording conversations in the workplace without the other employees’ knowledge. Is this legal in CA?
Real Estate Attorney
CA Penal Code Section 632 makes it a crime to record any confidential communication in CA, whether it is in workplace or not. Key is that one of the parties has a reasonable expectation of privacy. If only two of you are present and no third party can overhear, there is reasonable expectation of privacy.
You can get civil penalties under Section 637.2 and can seek criminal charges as well.
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Administrative Law Lawyer
This question has the flavor of a homework question...
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