For example, if you are sharing an apartment with a roommate, it’s against the law to set up a camera to secretly record them while they are in the bathroom or bedroom. In California, it is also illegal to film someone while they are in a location with any reasonable expectation of privacy, such as a bedroom, bathroom, locker room, fitting room or medical office. Meanwhile, CA Vehicle Code Section 40008 states that it’s a misdemeanor to act with the intent to capture any “visual image, sound recording or other physical impression of another person for a commercial purpose.” People who violate this code are subject to imprisonment in a county jail for up to six months and a fine of up to $2,500. ![]() For instance, CA Civil Code Section 1708.8 makes it illegal to capture photos, videos or audio recordings of people “engaging in a private, personal or familial activity.” Other Provisions Under California Video Recording Lawĭue to California’s role as a center of the global entertainment industry, the state has also passed several unique laws pertaining to celebrities and paparazzi. The law also does not prohibit making videos of government proceedings that are open to members of the public. If those activities are visible from publicly accessible places, such as parks or streets, you have the right to record video without their permission. One exception to the two-party consent rule is if you are recording police or other public officials carrying out their job responsibilities. Note that, while the law refers to “two-party” consent, every participant on camera must give their permission if more than two people are present at the time of the filming. Failure to do so might have significant legal ramifications. California is a two-party consent state, which means you must get permission from all involved parties before making your recording. In a legal context, consent is the most significant factor in determining whether the video recording you have made could land you in hot water. Can You Video Record Someone Without Their Consent in California? ![]() However, before you pull out your smartphone or other recording device and start taking video, you should consider who your camera might capture and what the outcomes of your actions may be. Today, almost everyone carries pocket-sized, high-quality cameras, and many people regularly snap photos and record videos of almost every occasion without a second thought for any negative consequences.
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