California Dash Cam Law Summary
The legality of dash cams in California is relatively straightforward. Under California law, you cannot record another person’s private communication unless the other person consents to the recording. It is a felony to use an electronic eavesdropping device without the other party’s consent, punishable by up to 3 years in prison and/or a $250,000 fine. Although in most instances, using a dash cam camera does not require consent, there are limits. You cannot install the camera or use it in a manner that would invade an individual’s reasonable expectation of privacy . This is for example, in a bathroom, changing room, locker room, etc.
The general rule is that if an individual can be present in his or her home while someone records the activity using a video camera and the person being recorded can see the camera, a court is likely to find no invasion of privacy.
One important thing to note is that, in California, there is never permission to record by consent when you’re recording police officers in the course of their public duties; this is guaranteed under California Penal Code § 633.5.
Consent to Recordings
Under the California Invasion of Privacy Act (CIPA), both video and audio recording are subject to consent requirements. The CIPA requires that at least one party to be recorded provides consent. Furthermore, the concept of consent often also encompasses the legal duty to provide notice. However, the California Supreme Court has held that notice alone does not equate to consent. "Consent" is much more than mere awareness of being recorded.
Assuming you are only recording with video, you will still need to consider that audio of a conversation could be recorded by the dash cam. Audio recording without the consent of all parties is generally illegal in public under California law. Therefore, consent (and not just notice) must be obtained in order to audio record while driving a vehicle. This raises even more complicated issues when one considers both audio and video recording while driving a vehicle, since it is easy enough to enter into a consensual conversation with a passenger—but what about when you’re stopped at a red light, waiting for traffic, or simply playing your favorite tunes? If you were unaware that you were being audio recorded at the time, then you may be in violation of the law.
Dash Cam Placement Rules
The location of the dash cam should not interfere with the driver’s vision. You must place it in the area behind the rearview mirror. California requires the driver to have an unobstructed view of the thoroughfare. While an obstructed view would allow for a ticket to be issued, keeping your dash cam behind the rear view mirror will only slightly reduce your field of vision.
Fines and Penalties
For those who violate the law, various penalties await. A first offense carries a fine between $50 and $500. On top of that, the court will likely issue a community service sentence for a few days and order that an educational program be completed at the offender’s expense . Subsequent offenses could lead to six months in jail, community service over a period of six days, and a fine of up to $1,000. However, as of January 1, 2016, California Assembly Bill 1927 was approved. This means that any offender facing penalties will receive a citation, rather than in-person court proceedings. The offender will also have to pay an administrative fee.
Dash Cam Advice
When it comes to dash cam compliance in California, there are a few best practices you should keep in mind. For one, ensure that your dash cam has at least a 170-degree field of view so that it can capture the full scope of the road ahead. With California law permitting filming in a public space, you should also avoid directing your dash cam toward private property. In addition, it’s a good idea to keep the volume on your dash cam off or muted so that you won’t be held liable for audio recordings of conversations in which you may unwittingly participate.
Once you’ve installed the dash cam, make sure to keep your recordings secure by removing the device or blocking access to the QR code that allows access to the files. To maximize the benefits of your dash cam recordings, ensure that they are categorized and stored in an organized fashion. Even with a memory card update for your dash cam, you may find it helpful to regularly transfer your files to a secure, external source such as a laptop or external hard drive. Lastly, don’t forget to notify other drivers in your vehicle that your dash cam is recording to respect their privacy and avoid unwanted recordings.
Future of Dash Cam Technology In CA
The future of dashcam legislation in California is a topic of ongoing debate. Advocates argue that existing privacy laws already afford sufficient protection to drivers and pedestrians while also protecting the privacy of those inside a vehicle, and that ahead of the curve California legislation would be premature. Some even argue that the use of dashcams may produce unintended consequences without any commensurate public safety benefit.
Others counter that, as more and more California drivers have adopted the use of dash cams, success stories related to predatory drivers and insurance fraud have proliferated. They raise concerns that the absence of formal legislative guidance leaves drivers, pedestrians, and the law enforcement community vulnerable to the increased potential for misuse of dash cams.
One future possibility may be the expansion of isolated existing California statutes as they apply to the use of dash cams. For example, existing California Civil Code section 1708.8 prohibits the photographing or otherwise capturing images of a person engaging in private, certain sexual activities, regardless of whether the subject is in a public or private place , without the permission of all parties involved. This common law "privacy tort" has been available to Californians since 2009. But would there be a "gray area"—i.e., how does the rule apply to dash-cam footage capturing people who happen to be in the vicinity of, and unrelated to, the action being recorded?
Additional and potentially troubling issues might arise if entities such as insurance companies did not only collect the relevant portion of footage involving a claim but also opted to preserve portions of the full recording—such as the subject’s image, face, or occupation—unrelated to the incident giving rise to the claim under the guise that it is relevant for other subordinate reasons. Would carrier behavior regarding isolated dash cam footage run afoul of any laws that protect employee rights, recreate existing reporting duties under California law, result in unexpected and troubling consequences, or violate the strictures of California’s Unfair Competition Law?
In these early days of increasing evidence—and in some instances, high-profile misuses—of dash cams by California residents, it is likely that the law will be tested as it applies to dash cams in force, and will continue to develop and grow alongside emerging social norms and practices.
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