Secretly recording conversation

[paulney]

A person brought an audio tape to our company, and asked for our services. What we do is not specific, but the audio is interesting: he secretly taped several conversations with his boss, and wanted to use them against him in court.

Isn't that illegal in CA? I found plenty of info about phone recording and consent, but can't find concise info on the rules of regular person to person conversation.

Of course, this does not affect us whatsoever (and really, none of my business, we are just doing our thing). But I am curious.

 

[mrkun]

http://www.gannett.com/go/newswatch/2002/april/nw0405-8.htm

 

[sonambulo]

No, which is a bitch. I wanted to sue the sh*t out of my old boss for defamation of character but couldn't get any evidence on him.

 

[allisolm]

Cal. Penal Code Section 632
Statute prohibits the recording of confidential communications whether in person or via electronic means without "the consent of all parties." Evidence obtained in violation of this section may not be used in any judicial proceeding. This prohibition is confined to confidential communications.

 

[paulney]

Originally posted by: allisolm
Cal. Penal Code Section 632
Statute prohibits the recording of confidential communications whether in person or via electronic means without "the consent of all parties." Evidence obtained in violation of this section may not be used in any judicial proceeding. This prohibition is confined to confidential communications.

That's what I thought. Thanks a lot!

 

[drinkmorejava]

Taking that statement into account, it revolves around the topic. If it wasn't confidential, then the boss is SOL.

 

[AlienCraft]

Originally posted by: drinkmorejava
Taking that statement into account, it revolves around the topic. If it wasn't confidential, then the boss is SOL.

That would exclude meetings between legal / medical professionals and their clients and that's about it. a case might be made for company meetings, but depending on the nature of the offense, it would be hard to make a case for an expectation of privacy.
Any conversations made in public i.e. at a restaurant, or bar are not covered by this exclusion. The courts have already ruled that there is no reasonable expectation of "Constitutionally protected privacy" when in public, hence the proliferation and increasing use of security cams as evidence.