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kattorney
kattorney, Attorney
Category: Business Law
Satisfied Customers: 1169
Experience:  16 years experience with a concentration in business, corporate and contracts law
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i live in Sacramento and i am asked to record a meeting at

Customer Question

i live in Sacramento and i am asked to record a meeting at my business and i don't consent to it. is it my right to consent not to record based on the all party concent in California?
Submitted: 4 years ago.
Category: Business Law
Expert:  kattorney replied 4 years ago.

Kathie Russell :

California's wiretapping law is a two party consent - 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.

Kathie Russell :

This 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.

Kathie Russell :

There is case law discussing the confidential communications - See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002).

Kathie Russell :

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. So the answer to your question would depend upon the type of meeting you are talking about.

JACUSTOMER-x2e87gvt- :

Hello Kathie,

Kathie Russell :

A public meeting, such as one involving any government function, can of course be recorded.

JACUSTOMER-x2e87gvt- :

i am an owner of a care home and the meeting is about a quarterly meeting for my client that lives in my facility. the family have requested to record the meeting and i don't feel comfortable because there are a law suit they put against the care home in perior and was found cleared and after 2 of meetings now they are asking to record the meeting.

Kathie Russell :

You certainly do not have to consent.

Kathie Russell :

Furthermore, after being asked and saying "no," you will clearly have a right to privacy at this meeting, so if they do record it without your permission they will have violated the law.

Kathie Russell :

However - do consider that recording the meeting might protect you also, in case they come back later and claim you said things that are not true.

JACUSTOMER-x2e87gvt- :

thank you cathie.

Kathie Russell :

You are very welcome. Please let me know if you need any more information.

Kathie Russell :

Hi, I hope the information I provided is helpful. Please let me know if you need additional information. If you are satisfied with the information I provided, please rate me one of the top three levels so that I may be paid for my time. If you are not satisfied, please continue to communicate by typing in the box and allowing me to continue to assist you until you are fully satisfied. Thanks.

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