# Is it illegal to use your dashcam to record audio in California?



## Divad7 (Apr 28, 2018)

I've heard some say yes, and some say no... And others say, you need a stickers that warn them that they're being recorded.


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## Uber's Guber (Oct 22, 2017)

Isn't California legally declared a one-party state regarding audio recording?


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## Grand (Feb 23, 2016)

Divad7 said:


> I've heard some say yes, and some say no... And others say, you need a stickers that warn them that they're being recorded.


When the cop/court asks where you got your advice just tell them .. "rather than check the state laws I got my info from a forum".


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## Juggalo9er (Dec 7, 2017)

Grand said:


> When the cop/court asks where you got your advice just tell them .. "rather than check the state laws I got my info from a forum".


Or the constitution..... because you know freedom


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## JimJitsuEsq (May 4, 2017)

It's illegal to record them via audio or video without their knowledge. This is why you MUST have signs up in your car if you are recording.


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## BSki (Aug 3, 2017)

CA is a two party state, so normally yes it is illegal. I spoke to an LAPD officer and he informed me there is zero expectation of privacy in rideshare. He also said the same about being pulled over, the officer has no right to privacy. So no, you do not need to inform them. As a CYA, I have stickers on all my windows saying Audio and Video recording in process. My cam records outside and inside cabin.


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## Grand Lake (Feb 27, 2018)

Read this:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=632.

Then read this:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=637.2.

I would not agree with the LAPD officer mentioned above. If you're in a car with the windows up, no warning signs, no hugely obvious recording equipment, I don't know why a conversation in a rideshare car couldn't be a "confidential communication," as defined in the statute. Given that you can be sued for $5K per occurrence, with the plaintiff not even required to prove he sustained any actual damages, it's pure foolishness to risk in-car audio recording without either prominent warning signs, and/or getting the pax to verbally acknowledge that he understands he's being recorded before starting the ride.


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## Pax Collector (Feb 18, 2018)

CA is a two party state. You can record video all you want but the law specifically states "Eavesdropping". If your dashcam is video only, then no need to display a warning. If it's both audio and video, then get a couple of these stickers and post them where they're clearly visible.












JimJitsuEsq said:


> It's illegal to record them via audio or video without their knowledge


Only audio recording without knowledge is illegal, even that is based on the fact that the person being recorded had a reasonable expectation of privacy.


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## Divad7 (Apr 28, 2018)

Pax Collector said:


> CA is a two party state. You can record video all you want but the law specifically states "Eavesdropping". If your dashcam is video only, then no need to display a warning. If it's both audio and video, then get a couple of these stickers and post them where they're clearly visible.
> 
> View attachment 227223
> 
> ...


So, what if the pax sees the warning sticker and tells you that he/she doesn't consent to being audio recorded? By law, would I have to shut off the dash cam's audio recording at that time?


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## Pax Collector (Feb 18, 2018)

Divad7 said:


> So, what if the pax sees the warning sticker and tells you that he/she doesn't consent to being audio recorded? By law, would I have to shut off the dash cam's audio recording at that time?


No. You have satisfied your end of the deal by notifying your rider of the audio recording. After you've disclosed that, it's on them if they chose to stay or exit the car.

If they don't consent to being recorded, you can let them know that you are going to end the trip, and that they can find another ride. NEVER turn off your dashcam as a result of that. People will say anything and quote all the imaginary laws when it comes to being recorded.


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## JimKE (Oct 28, 2016)

Pax Collector said:


> No. You have satisfied your end of the deal by notifying your rider of the audio recording. After you've disclosed that, it's on them if they chose to stay or exit the car.
> 
> If they don't consent to being recorded, you can let them know that you are going to end the trip, and that they can find another ride. NEVER turn off your dashcam as a result of that. People will say anything and quote all the imaginary laws when it comes to being recorded.


This may sound kind of harsh to some folks, but it's the perfect advice.

The only thing I would add to it is that I would stay with the rider until their new Uber came for the pickup. I'd make sure they were safe, and of course I would have all of that on dashcam.

I've been using a dash cam for about 18 months of part time driving (close to 2,000 rides) -- in Florida, which is also a two-party state -- and I use a notification sticker. I have had a number of people ask about it, and they invariably say they think it's a good idea.

My way of explaining it is to say that it's for *both* of our safety -- driver and rider. I've never had a complaint about it, and never had anyone (including celebrities) ask me to turn it off. I think a nice celebrity (and all of them I've had have been very nice) is the only pax I would turn the camera off for.

If you're driving college kids or late-night drunk runs, I think you're crazy to drive without a dashcam.


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## estore009 (Oct 14, 2017)

JimKE said:


> If you're driving college kids or late-night drunk runs, I think you're crazy to drive without a dashcam.


Better to have one camera to take recording than nothing!


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