The California Invasion of Privacy Act (CIPA) is a series of statutes that make it illegal to record confidential conversations without the consent of everyone involved. This includes phone conversations. Victims of an illegal wiretap can sue for statutory damages. The state can also prosecute violators of CIPA in criminal court.
Violators can face:In a phone call, both sides of the call have to consent to a recording. This makes California a “two-party consent” state.
The California Invasion of Privacy Act prohibits recording confidential conversations without the consent of everyone involved.
Wiretapping is using technology to record a confidential conversation. It is a violation of privacy.
The California Invasion of Privacy Act 1 forbids wiretapping. The Act makes it a crime. The violator can receive a fine. They can be sent to jail. Victims of a wiretap can file a civil lawsuit against the violator. The civil lawsuit can recover compensation for the invasion of privacy.
To recover compensation after a wiretap, the plaintiff of a civil lawsuit has to show that:
Conversations can be confidential. They are if anyone in it takes steps to make it a private conversation. 4 These steps have to create an objectively reasonable expectation of privacy. 5
This expectation of privacy is case-specific. The facts of the case matter. Important factors will include:
Making a recording without consent violates the California Invasion of Privacy Act.
Private conversations can be recorded if everyone in it consents. Adequate consent can be express or implied.
Anyone can get express consent by asking if they can record a conversation. All of the people have to say it can be recorded. If they do, it is not wiretapping.
Implied consent can happen if someone says that they are recording. Everyone has to be aware of the recording. If the conversation continues, then there is implied consent.
Anyone with consent to record a conversation is not wiretapping. They are not violating the California Invasion of Privacy Act.
Example: A journalist is conducting a phone interview with an expert. Before the conversation begins, she says that she is recording it. The expert says nothing, but continues to answer questions.
California is a “two-party consent” state. Anyone recording a phone call has to get the other party’s consent.
This makes California different from many other states. Other states are “single-party consent” states. Only one person in a phone call has to consent to the recording. This can be the person making the recording. As long as they are on the call, they can record it.
A conviction can result in a fine and/or jail time
The California Invasion of Privacy Act makes wiretappers both criminally and civilly liable. These penalties can be significant.
In California, the crime of wiretapping is a wobbler. It can be charged as a misdemeanor or a felony.
If charged as a misdemeanor, the penalties include up to:
If charged as a felony, the jail sentence can be for
A prior conviction for wiretapping will increase the fines. They can rise to a maximum of $10,000 per violation.
Violators can also face civil liability. They can be sued by the people they illegally recorded. These lawsuits carry statutory penalties for the greater of:
If you were illegally recorded in violation of the Act, you can be entitled to compensatory damages. You can file a personal injury lawsuit for violation of your privacy. If successful, you could recover the statutory penalties of:
A lawsuit can be filed, even if the caller is from another state. 10 As long as you are in California, you can bring an action.
There is only a one-year statute of limitations for filing this lawsuit. 11 Victims who file after the year has passed will have their case dismissed.
