Hi all,
This came from another list I am subscribed to. My semi-hypothetical to
y'all: What is the impact of this on emerging collaborative technologies and
whatever recordkeeping requirements may exist regarding them? In other
words, under this ruling, can collaborative sessions using e.g. Genesys,
Webex, or Microsoft Live Meeting be recorded to meet recordkeeping
requirements if they involve Californians? More broadly, how should we
resolve the tension between privacy and records management?
Food for thought on a Friday.
Regards,
Jesse Wilkins
CDIA+, LIT, ICP, edp, ermS, ecmS
IMERGE Consulting
[log in to unmask]
(303) 574-1455 office
(303) 484-4142 fax
YIM: jessewilkins8511
Visit http://www.imergeconsult.com/schedule2.html for a list of current
scheduled courses.
-----Original Message-----
From: [log in to unmask]
[mailto:[log in to unmask]] On Behalf Of Declan McCullagh
Sent: Friday, July 14, 2006 9:25 AM
To: Politech
Subject: [Politech] California Supreme Court prohibits recording
Californians without consent -- wherever you are [priv]
-------- Original Message --------
Subject: California Supreme court prohibits recording Californians without
their consent - regardless of where you are.
Date: Thu, 13 Jul 2006 15:35:59 -0400
From: Ethan Ackerman <[log in to unmask]>
To: David Farber <[log in to unmask]>
Greetings Dave,
Many people, especially reporters, are familiar with state laws prohibiting
phone conversations from being recorded without the consent of one or both
parties to the call. Some states, and federal law, require only 1 party to
consent, other states require both or all parties to consent. California is
one such 'all-party' consent state.
Well today, the California Supreme Court found that Georgia-based employees
of the Solomon Smith Barney brokerage who were taping California customers
with out notice or consent violated California laws, even if they might have
been complying with Georgia's '1 party' consent laws.
While the court refused to fine the brokers, finding their reliance on
Georgia law reasonable, it did enjoin them from taping Californians in the
future.
Case is here:
http://www.courtinfo.ca.gov/opinions/documents/S124739.PDF
This decision will likely have a large impact on investigative reporting,
and has definite impacts on other areas of privacy and consumer protection
law as well.
-Ethan
_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
|
