Monday, July 18, 2016

Spy Cam at the Marinwood CSD

While videotape recording of public meetings is allowed by the Brown Act, SECRET videotaping with hidden cameras without consent violates California law, most especially when it is used to record private conversations.

The July 12, 2016 Marinwood CSD meeting

California Recording Law

Note: This page covers information specific to California. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearingssection of this guide.

California Wiretapping Law

California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statuteapplies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002).  A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).

At the June 8, 2106 Marinwood CSD meeting,  a citizen requests accurate meeting notes instead of political spin documents now provided to the public.  He is denied the request by Justin Kai who says it is not required under Rosenbergs rules.  Kai admits that the district has been discussing the implementation of video in private.  

Why not discuss video recording in an open session??

For the record, the Marinwood CSD is denying that it had anything to do with surveillance video on July 12, 2016.

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