Privacy Law Library

California Invasion of Privacy Act

CA CIPA

Communications · Location

California's wiretap and eavesdropping law. It makes it a crime, and a basis for a private suit, to tap or read communications in transit without all parties' consent, to record or eavesdrop on confidential communications without all parties' consent, to use pen registers or trap-and-trace devices without a court order, and to use electronic tracking devices to follow a person. Plaintiffs have used these provisions in large numbers of suits over website tracking tools.

Where
California
Citation
Cal. Penal Code 630-638.55
Status
In force
In force since
1967-01-01
Last amended
2023-01-01
Enforced by
District attorneys and the Attorney General (criminal); private plaintiffs (civil)
People can sue
Yes
Penalties
Private action for $5,000 per violation or three times actual damages, whichever is greater, plus injunction, with no need to prove actual damages (637.2). Criminal fines up to $2,500 per violation ($10,000 for repeat offenses) and up to one year in jail.
Applies to
  • Any person, business, or entity, including website operators and vendors in suits over chat, session-replay, and tracking tools
  • Recording confidential communications without consent of all parties (all-party consent state) (632)

Practices it requires

  • Do not tap or make an unauthorized connection with a communication line, or read or learn the contents of a communication in transit without the consent of all parties.Cal. Penal Code 631(a)
  • Do not eavesdrop on or record a confidential communication without the consent of all parties.Cal. Penal Code 632(a)
  • Do not intercept and intentionally record cellular or cordless phone communications without all parties' consent.Cal. Penal Code 632.7(a)
  • Do not install or use a pen register or trap-and-trace device without a court order, except for listed service-provider purposes or with user consent.Cal. Penal Code 638.51(a)-(b)
  • Do not use an electronic tracking device to determine a person's location or movement (exception for a vehicle's owner, lessor, or lessee consenting as to that vehicle).Cal. Penal Code 637.7(a)-(b)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Enactment year (1967) is from background knowledge. | SB 690 (2026), which would let only the Attorney General sue private businesses over 638.51 pen-register/trap-and-trace claims about websites and apps, passed the Legislature on August 28, 2026 and was awaiting the Governor's action as of 2026-09-25. | Chapter-level official_url (Part 1, Title 15, Chapter 1.5) was not separately fetched.

Research reference, not legal advice.