CIPA and California’s Right to Privacy in the Workplace

A: CIPA prevents any third party from recording or listening in on certain communications without the consent of the individuals who are having the conversation. Although originally written specifically to apply to messages sent and received by telephone, telegraph, and the like, the meaning of “communication” has been interpreted very broadly since the law was first passed, and now applies to a wide range of technology, including cameras and the internet. Some judges have even said that accessing a website may count as a protected “communication” that cannot be recorded.

 A: To be protected under the law, most communications must have been “confidential,” meaning that you reasonably expected that the conversation was private.

A: First and foremost, CIPA is aimed at preventing “wiretapping,” which broadly means that your employer cannot read or attempt to read any messages or other information you send through most technologies. This includes the act of recording any such communications. Additionally, your employer is prohibited from making any use of the information it acquires through these prohibited means.

A: Generally, your employer can record you by obtaining your consent, but only if they do so before recording or listening in on your conversations. Additionally, your employer must obtain the consent of all people involved in the conversation before recording it.

A: California law does allow an employer to install video-only cameras in public areas of a workplaces so long as the employer has a legitimate, security-related reason for doing so and first notifies employees before beginning to record. Cameras are prohibited in private areas, such as restrooms, locker rooms, and areas designated for employees to change clothes.

A: The law surrounding worker privacy is constantly growing and evolving. Here in California, the Legislature passed a law called the California Consumer Privacy Act (“CCPA”) that went into effect in 2018. The law has been updated since then to include new protections for employees’ confidential personal information held by their employers. There are also laws both here in California and on the federal level strictly limiting what information an employer can ask for or obtain about you during the hiring process. It’s important to stay up-to-date about recent changes to the law to better protect yourself from violations of your rights.