O*z
发帖数: 109 | 1 在办公室里，之前老板和我谈话的时候曾经污言秽语，说过fucking, freaking,
pissed off之类的话，让我一直很苦恼。我想着在自己口袋里放一个录音器，把每次工
作谈话内容录下来，没什么恶意，只是为以后有需要的时候可以当作证据给hr或法庭。
在加州这样作合法吗？ | d********e
发帖数: 2221 | 2 California Wiretapping Law
California's wiretapping law is a "two-party consent" law. California makes
it a crime to record or eavesdrop on any confidential communication,
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 of hidden 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 circumstances.
Therefore, you cannot necessarily assume that you are in the clear simply
because you are in a public place.
If you are operating in California, you should always get the consent of all
parties before recording any conversation that common sense tells you might
be "private" or "confidential." In addition to subjecting you to criminal
prosecution, violating the California wiretapping law can expose you to a
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. |
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