Penal Code 632 (Recording Confidential Communications)

Penal Code section 632 prohibits intentionally recording or eavesdropping upon a confidential communication — one in which a party has a reasonable expectation that no one is recording — without the consent of all parties to the conversation, using an electronic amplifying or recording device. Violations can carry both criminal penalties and civil liability, making this one of the more consequential statutes for any operation using audio-capable technology.

This statute matters directly to security operations that use body-worn cameras with audio, intercom systems, or any device capable of capturing conversations, since California's two-party consent rule is stricter than many other states' one-party consent rules. Video-only surveillance in areas without a reasonable expectation of privacy is generally treated differently than audio recording of conversations, but the line requires care, especially for body-worn cameras that may pick up conversations inside a resident's doorway or a private office.

Security officers using audio-recording equipment should follow client policy on notice (such as posted signage or verbal notification that a conversation may be recorded) and should never covertly record conversations in settings where participants would reasonably expect privacy, such as private offices, apartment interiors, or restrooms. Uncertainty about whether a space carries a reasonable expectation of privacy should be resolved conservatively in favor of not recording audio.

Wiretapping and eavesdropping law includes numerous exceptions and nuances; verify current statutory text and consult counsel before deploying any audio-capable recording technology.