Can a third party record a conversation without the consent of the other party?

California, United States of America


The following excerpt is from Telish v. Cal. State Pers. Bd., 184 Cal.Rptr.3d 873, 234 Cal.App.4th 1479 (Cal. App. 2015):

The Invasion of Privacy Act ( 630 et seq.) prohibits one party to a conversation from recording it without the other's consent. ( Ribas v. Clark (1985) 38 Cal.3d 355, 360, 212 Cal.Rptr. 143, 696 P.2d 637.) While one "who imparts private information risks the betrayal of his confidence by the other party, a substantial distinction has been recognized between the secondhand repetition of the contents of a conversation and its simultaneous dissemination to an unannounced second auditor, whether that auditor be a person or mechanical device. [Citation.]" ( Id . at pp. 360361, 212 Cal.Rptr. 143, 696 P.2d 637.)

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