California Penal Code §632 (California Invasion of Privacy Act) generally requires what before a security guard may lawfully audio-record a confidential conversation in California?

Explanation

Penal Code §632 prohibits intentional recording of a 'confidential communication' without the consent of all parties. A confidential communication is one carried on under circumstances reasonably indicating any party desires it to be confined to the parties. Civil remedies under §637.2 include the greater of $5,000 per violation or three times actual damages. For body-worn cameras, audio capture of private conversations (offices, vehicles, back-of-house areas) generally requires consent. Conversations on busy public sales floors or near visible 'audio recording in progress' signage may not qualify as 'confidential.' Federal one-party rule (b) does not displace stricter state law.