Choice-of-Law:

CALIF. PRIVACY LAW APPLIES TO ATLANTA FIRM'S PHONE RECORDINGS,

Kearney v. Salomon Smith Barney Inc.,

10 No. 8 Andrews Telecomm. Indus. Litig. Rep. 4,

Andrews Telecommunications Industry Litigation Reporter

September 5, 2006

The California Supreme Court has ruled that the state's privacy law should be applied to claims that the Atlanta branch of brokerage firm Salomon Smith Barney Inc. recorded telephone conversations with California clients without their knowledge or consent. The relevant California privacy statute prohibits the recording of a phone conversation without the consent of all parties. In contrast, the corresponding Georgia statute allows telephone conversations to be recorded if at least one party to ... [balance of text omitted]

 

Privacy laws dealing with recordings fall into one of two categories:

one party to conversation needs to consent, or all parties need to consent.

 

Incidentally, the standard monitoring contracts I offer do provide for recording consent and states that the recordings are owned by the central station.

 

I don't know if laws have keep up with technology regarding the recording of video at the central station. That is probably something that needs to be addressed by the legislature, although someone signing up for the video central station service obviously knows it will be viewed.