Legal Question in Civil Litigation in California

public video/audio taping

It is against the law to surreptitiously tape a phone call. But what about audio and video taping in public places. My wife and I have been the subject of intense harrasment from a coworker for 10 years. The institution has done nothing. Get us evidence, it says. So we keep a video tape recorder running in OUR classrooms at all time (and have caught him on tape making obscene and threatening gestures toward on eof us). We also carry an audio tape recorder when walking in PUBLIC places. We have him on tape making abusive and insulting remarks, most made while blocking our way as we try to pass. Before I use these tapes, I want to know of their permisability.


Asked on 12/24/99, 12:58 pm

2 Answers from Attorneys
Benjamin Pavone Benjamin Pavone, Esq.

Re: public video/audio taping

California Penal Code section 632 prohibits the secret taping of confidential communications. The key is confidential. Confidential is thought to include telephone conversations and other conversations where only the speaker and the person taping are present. So, if there are people around (more than two), I think you are okay. There was a California case that went into this issue.

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Answered on 12/27/99, 10:45 pm
Ken Koury Kenneth P. Koury, Esq.

Re: public video/audio taping

The rules that apply to recording conversations do not apply to video taping if the sound is not picked up by the video. Also, it seems that under the facts you stated it should be very easy to get a court injunction ordering him to keep 100 yards away from you.

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Answered on 12/27/99, 11:03 pm


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