Invasion of privacy: wearable recording devices.

Plain English Breakdown

The official source material does not provide specific details on how local agencies and schools will be affected by this legislation.

Wearable Recording Devices: Privacy Protection

The bill makes it illegal to use wearable recording devices without permission in private areas of businesses and bans technology that can disable lights or signals on these devices.

What This Bill Does

• Makes it against the law to record sound or video with a wearable device inside private parts of a business without getting permission from everyone involved.
• Forbids turning off any light or signal on a recording device that shows when it is capturing audio or video.
• Allows people who use hearing aids or similar devices for medical reasons to continue using them, even if they record sound.
• Makes it illegal to make, sell, deliver, hold, offer for sale in commerce, purchase, trade for, acquire, or use technology designed to disable lights or signals on wearable recording devices.

Who It Names or Affects

• People who use wearable recording devices in businesses.
• Businesses with private areas where recordings are not allowed.
• Manufacturers, sellers, and buyers of technology that can disable lights or signals on recording devices.

Terms To Know

Wearable Recording Device

A device like a smartwatch or glasses that can record sound or video.

Place of Business

An area where people work, shop, or receive services.

Limits and Unknowns

• The bill does not specify the consequences for repeat offenders.
• It is unclear how this will affect businesses that already have policies about recording devices.
• There are no details on how local agencies and schools will be affected by these new laws.

Official Summary Text

SB 1130, as amended, Reyes.
Invasion of privacy: wearable recording devices.
Existing law prohibits tapping a communication wire or intercepting or recording a telephone communication, as specified, without the consent of all parties, and prohibits trespassing on property for the purpose of committing, or attempting to commit, a violation of those prohibitions. A violation of those provisions is punishable by a fine not exceeding $2,500, by imprisonment as either a misdemeanor or a felony, or by both the fine and imprisonment, unless otherwise exempted. If that person has previously been convicted of a violation of any of the above-described laws, except for the prohibition on trespassing, a violation of any of those provisions is punishable by a fine not exceeding $10,000, by imprisonment as either a misdemeanor or a felony, or by both the fine and imprisonment.
This bill would additionally prohibit a person from
operating a wearable recording device, as defined, to capture sound or video of any other person in any area within a place of business, as defined, where the person has a reasonable expectation of privacy unless the person operating the device has the explicit consent of that person to capture sound or video of that person. The bill would prohibit a person from disabling any light or other device on a wearable recording device that indicates that the device is capturing sound or video. The bill would exempt from these provisions the use of hearing aids, augmentative and alternative communication devices, and similar devices by persons afflicted with impaired hearing or communication disorders when used for the purpose of overcoming the impairment or disorder to permit the hearing of sounds ordinarily audible to the human ear or to support communication with the person.
The bill would make a violation of these provisions punishable by a fine not exceeding $1,500, by
imprisonment as a misdemeanor, or by both that fine and imprisonment. The bill would make the exemptions from the provisions described above applicable to violations of these prohibitions.
By creating new crimes, the bill would impose a state-mandated local program.
The bill would also prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any technology that
enables
is designed for the purpose of, marketed for, or likely primarily used for enabling
a person to disable any light or other device on a wearable recording device that indicates that the device is capturing sound or video and would prohibit a person from purchasing, trading for, otherwise acquiring, or using that
technology, as specified. The bill would make a knowing violation of these provisions punishable by a civil penalty not exceeding $2,500 per violation.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF