Rideshare services like Uber and Lyft are used by millions of Californians every year. Many passengers assume that what happens inside a rideshare vehicle is private, especially conversations between the driver and passengers.
However, some Uber and Lyft drivers use dash cameras or interior recording devices that may capture video and audio in the event of an incident. This raises an important legal question whether Uber and Lyft drivers are required to disclose that they are recording passengers in California?
California’s Two-Party Consent Law
California is a two-party (all-party) consent state, meaning that everyone involved in a confidential conversation must consent before it can be recorded. This rule comes from California Penal Code § 632, which states, in part, that it is illegal to “intentionally and without the consent of all parties to a confidential communication, record the communication by means of an electronic recording device.”
In addition, state codes such as California Civil Code 1708.8 (invasion of privacy) and California Civil Code 3344 (unauthorized commercial use of a person's name or likeness) may also apply, depending on how a recording is used.
What Is “Confidential Communication”?
Under California Penal Code § 632(c), a confidential communication is any conversation where participants have a reasonable expectation of privacy and do not expect the conversation to be overheard or recorded. In most situations, a rideshare vehicle qualifies because:
The conversation occurs in an enclosed space
Passengers reasonably expect privacy
Conversations are not intended for public broadcast or recording
Audio vs Video Recording in Uber and Lyft Vehicles
If a rideshare driver records audio inside the vehicle without passenger consent, that driver may be violating California Penal Code § 632 because they are not getting consent before the recording begins and passive consent (silence) does not count.
On the other hand, video-only recording generally isn't covered by § 632, particularly when the camera faces the road or dashboard, no audio is recorded, or if the purpose is accident documentation or driver safety. However, interior-facing cameras pointed directly at passengers may still raise privacy concerns, especially if the footage is misused or shared.
What Counts as Giving Consent?
Consent is usually shown through one of the following:
A clearly visible sign inside the vehicle stating audio recording is in use
An in-app disclosure before the ride begins
A verbal notification from the driver
If a passenger is not informed before recording starts, the recording may be illegal even if the driver claims it was for “safety.” Any failure to get proper consent from the rideshare passenger could lead to both civil and criminal liability.
What Happens If a Driver Records You Illegally?
Under California Penal Code § 637.2, a person whose conversation was unlawfully recorded may sue for statutory damages of $5,000 per violation, or three times the amount of actual damages, whichever is greater.
In some cases, illegal recording may also result in:
Criminal penalties
Exclusion of evidence in court
Increased liability in rideshare injury cases
What Should Rideshare Passengers Do?
Under § 632, a driver who records audio of confidential conversations generally needs every passenger's consent. If you were injured in a rideshare accident or believe your privacy rights were violated during a ride, it is vital to contact an experienced rideshare attorney to help you through the legal process. At Frank Penney Injury Law, our team of injury attorneys are readily available to give your case the care and attention that it deserves.
Contact us today at (888) 393-9971 or by filling out our online contact form to schedule your free consultation. If a rideshare driver hit you while on a trip, see also what happens if the driver who hit you was working.