INSIDE THIS ISSUE
SEPTEMBER 2017
It’s The Law TCSD Contacts Board Members Member Profile
1 3 4 4
TRIATHLON CLUB OF SAN DIEGO
IT’S THE LAW:
Weekly Workout Calendar TCSD Conversation
Aquathlon
Location: La Jolla Shores Check in 5pm Start at 6pm
SEPTEMBER 20K TT Wednesday, September 13 Location: Fiesta Island Check in 5pm
CLUB GATHERING Sunday, September 17 See pack page for exciting details. Refer to the Club’s website for complete activity listings and information.
16 16 24
By Richard L. Duquette, Esq.
RECORDING YOUR RIDE:
Format: 750 to 1000m/5k
Thursday, September 7
New Members Coach’s Corner TCSD Gathering
TriNews PART I
SEPTEMBER TCSD RACE CALENDAR
5 7
Consent Rule. While most states and Federal law only require the consent of one party to record a conversation, California and a handful of other states goes a step further. The California Invasion of Privacy Act (Penal Code §§630-637.5) requires the consent of all parties to a conversation before recording it. Recording a private conversation with another person without their permission can involve both criminal and civil penalties in California, and any evidence obtained by this method may not be used in court except to prosecute violations of the Act. The broadest and most important section of this act for our purposes is §632. This provision makes it a crime to use any electronic recording or amplification device to record a conversation “intentionally and without the consent of all parties to a confidential communication.” A first offense is a misdemeanor, but if someone has been previously convicted of a similar offense, it is charged as a felony. The Act also spells out the civil remedies in §637.2. Damages are to be awarded in amounts of $5,000 per violation or triple of the actual damages, whichever sum is greater. No actual
EVIDENCE & LIABILITY The age of helmet and bicycle mounted cameras such as GoPros, Contours, and Fly 6s has opened up a world of possibilities that enhance recreation and entertainment. But this technology also has legal implications that bicyclists should keep in mind. Therefore, we’ve put together a two-part series on this important issue. On the one hand, recording your ride can preserve important evidence if you are injured in a crash or if you are stopped by a police officer. If you were doing nothing wrong, the video may vindicate you, or it may show that the person who his you was at fault. On the other hand, you should also exercise caution when it comes to recording your interactions with other people in order to avoid running afoul of eavesdropping and privacy laws. California Invasion of Privacy Act: Two-Party
continued on page 21