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Kim Kardashian vs Taylor Swift: The Legal Implications of the Snapchat Recording

July 22, 2016

Kim Kardashian West recently posted a recording of a dialogue between her husband Kayne West and Taylor Swift to popular social media platform Snapchat. The video was allegedly recorded without Swift’s consent. California state law mandates that all parties give consent before any recording of communications takes place.

Fenwick privacy of counsel Hanley Chew spoke with InsideCounsel about the implications of this potential violation.

Chew said that whether Kim Kardashian and Kanye West are liable under the California Invasion of Privacy Act (CIPA) for recording West’s telephone conversation with Taylor Swift is dependent on several factors. It matters, for instance, where West and Swift were located when the telephone conversation took place. “If either West or Swift were in California, then CIPA applies and Kardashian and West face potential liability,” Chew said. “If neither of them were in California, then we would have to look at the law of the states that they were in when their telephone conversation took place.” CIPA violators may be fined up to $2,500 and/or incarcerated for up to a year.

Chew emphasized that recording communications can be both a criminal and civil violation under California law. “Recording and publicly disclosing private telephone conversations may also subject parties to potential civil liability under the two invasions of privacy torts,” Chew explained.

The full article is available through the InsideCounsel website​ (subscription required).

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