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3625 REVIEW DENIED A person whose confidential communication is recorded without his/her consent is an "injured" party who may sue under California's Privacy Act; damages for injury resulting from publication of a communication recorded in violation of the Privacy Act are not available under the Act; the presence of a third person raises a question of fact about whether a party to a communication intended that it be confidential.CitationLIEBERMAN v KCOP TELEVISION (Caught in the Act) 110 CA4 156 [See: PenC 632; Flanagan v Flanagan 27 C4 766, T/AT 4/02; Sanders v ABC 20 C4 907, T/AT 8/99]
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