Employee Monitoring Law Planner
Sources

California Penal Code sections 632 and 632.7 (recording confidential communications)

Law. Placed at California. Read 30 Sep 2026; 2 provisions cited by the planner.

Cal. Penal Code 632(a)Obtain the consent of all parties before recording or eavesdropping on a confidential communication

A person may not, intentionally and without the consent of all parties to a confidential communication, use an electronic amplifying or recording device to eavesdrop on or record it, whether the parties are together in person or talking by telegraph, telephone or another device (radio excepted). Penalty: a fine of up to 2,500 dollars per violation, up to one year in county jail or state prison, or both; up to 10,000 dollars per violation after a prior conviction under ss. 631, 632, 632.5, 632.6, 632.7 or 636.

What a reviewer asks to see: Inventory of recording and listening tools (call recording, contact centre QA, meeting recorders, AI note-takers, body-worn or CCTV audio); Call-start announcement script or meeting banner telling every party the conversation is recorded, with configuration evidence it plays on every call; Consent or notice records for in-person recordings, such as interviews and disciplinary meetings
Where monitoring plans usually fall short: Recording announced to external callers but not on internal or outbound calls; AI note-taker joins meetings without all participants being told; Supervisor silent-listen (eavesdropping) with no notice to the parties
Source: California Penal Code sections 632 and 632.7 (recording confidential communications), read 30 Sep 2026
Cal. Penal Code 632.7(a)Obtain the consent of all parties before recording calls involving cellular or cordless phones

A person may not, without the consent of all parties, intercept or receive and intentionally record, or help to intercept or receive and record, a communication transmitted between two cellular radio telephones, a cellular and a landline telephone, two cordless telephones, a cordless and a landline telephone, or a cordless and a cellular telephone. Unlike s. 632, the communication need not be confidential. Penalty: a fine of up to 2,500 dollars, up to one year in county jail or state prison, or both; up to 10,000 dollars after a prior conviction under ss. 631, 632, 632.5, 632.6 or 636.

What a reviewer asks to see: List of mobile and softphone recording (company mobiles, field sales apps, contact centre calls to mobiles); Recording notice played at the start of every recorded call regardless of the device type, with configuration evidence
Where monitoring plans usually fall short: Recording notice omitted on calls to mobiles because the call is not considered confidential; Personal devices used for work calls recorded by a work app without notice to the other party
Source: California Penal Code sections 632 and 632.7 (recording confidential communications), read 30 Sep 2026

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