People would need explicit consent for wearable recording where others expect privacy inside businesses, and devices supplied through California commerce would need alerts starting January 1, 2028.
Wearable recording in business areas where people reasonably expect privacy would need their explicit consent. Disability support and certain law enforcement or crime-evidence recordings would be exempt. Violations could bring fines or jail.
Starting January 1, 2028, wearable recording devices supplied through California commerce would need noticeable recording alerts. Knowing violations could bring a civil penalty of up to $2,500 per violation.
People would be barred from disabling wearable recording alerts, with disability-support and certain recording exemptions under the criminal rule. Separate rules would ban supplying or acquiring disabling tools and using technology to disable alerts.
People would need explicit consent to record others with wearable devices where those people reasonably expect privacy inside a business. The rule would cover offices and retail businesses serving the public. It would cover storing recordings or transmitting them to another person, but exclude temporary processing without either. Uses that support hearing, communication, or disability needs would be exempt, along with certain law enforcement recordings and recordings to gather evidence reasonably believed to concern specified crimes. Recording an officer in public or from a place the recorder has a right to be would not alone violate this rule. Official-duty officer cameras, employer-provided work headsets and radios, and traditional wireless headphones would be excluded. Employers intentionally recording customers through work headsets or radios would have to tell them. Violations could bring up to $1,500 per violation, up to one year in county jail, or both. The new rule would not allow individuals to sue violators.
People and businesses would have to provide noticeable recording alerts on wearable recording devices supplied through California commerce. The requirement would cover making, selling, delivering, holding, or offering for sale devices designed to be worn or attached to the body that can record or transmit sound or video. A light, sound, or other alert would have to be noticeable enough to tell a reasonable person nearby that recording is happening. Official-duty officer cameras, employer-provided work headsets and radios, and traditional wireless headphones or earphones would be excluded. Knowing violations could bring a civil penalty of up to $2,500 per violation. The device-alert requirement would begin January 1, 2028, if the bill became law.
People would be barred from disabling wearable recording alerts, and suppliers would be barred from providing tools mainly meant to disable them. California suppliers could not provide tools mainly designed, marketed, or likely used to disable recording alerts. People in California could not buy, trade for, or otherwise acquire those tools. The criminal rule would exempt disability-support uses and the applicable law enforcement and crime-evidence recordings. Its penalties would be up to $1,500 per violation, up to one year in county jail, or both. Separate rules would bar using any technology to disable an alert temporarily or permanently when the device would otherwise signal recording. Knowing violations would carry civil penalties up to $2,500 per violation. Official-duty officer cameras, employer-provided work headsets and radios, and traditional wireless headphones or earphones would be excluded.
No hearings or votes scheduled.