Indeed, the ease with which a videoconference can be recorded without the use of third-party applications may lull one into recording the communication without even considering legal ramifications.įor example, a host on Zoom can record the conference with a single click of a button - which merely results in a tiny red circle popping up on the participants’ screen with the word “recording” in small font. While many people know that consent should be obtained before recording a confidential phone conversation, such as in the context of a call with a customer care representative or when wanting to record a conversation in a two-party consent state, the applicability of such laws to videoconferencing platforms may not be intuitive to all participants.
How can i know where particular video recorded code#
Courts have applied the term “communication” as used in Section 632 of the California Penal Code broadly to include not only audio recordings of conversations, but also video recordings.Ī communication is considered “confidential” where a party “has an objectively reasonable expectation that the conversation is not being overheard or recorded.” Failure to obtain consent before recording the communication can lead not only to civil liability but also to criminal penalties such as fines and even jail time.
Two-party consent states require that all parties to a confidential communication consent to the recording. However, California, like a handful of other states, is a two-party consent state. The vast majority of states, including New York and New Jersey, are one-party consent states, which means that it is lawful to record conversations so long as one party to the conversation consents. One obvious way in which users can unwittingly risk liability is by unlawfully recording videoconference calls. These same professionals that rely on online video conferencing platforms like Zoom, Microsoft Teams and Skype may not, however, be aware of how their use of this technology can expose them to civil or criminal liability.
In fact, this has led to a number of recently filed lawsuits against Zoom. In light of the recent spate of news about Zoombombing - whereby strangers pop in on meetings, shout obscenities, and sometimes even record it to post on TikTok and other social media platforms - professionals appear to be gaining some level of awareness that such platforms may not be private after all. In light of the perceived novelty of these videoconferencing platforms, as well as the fact that people have been forced to embrace this technology seemingly overnight, there is a concern that users of these platforms may not fully comprehend the legal implications that accompany their use.
In fact, within the last month, videoconferencing platforms such as Zoom have become the preferred method of conducting not only business meetings, but also school lessons, therapy sessions, religious services, birthdays and even happy hours. While video conferencing has been available for quite some time, the recent stay-at-home orders issued as a result of the COVID-19 outbreak undoubtedly have increased the popularity of such tools. With 95% of the country subject to various stay-at-home orders and countless employees working from home for the foreseeable future, an important issue has arisen that must be considered by those conducting business online: How confidential are the conversations that we have through online videoconferencing platforms such as Zoom, Microsoft Teams, and Skype?
Consider Legal Ramifications Before Recording Video Calls