Session Replay Tools
Session replay tools that record user interactions face significant legal scrutiny, including wiretapping claims and privacy regulation enforcement. Proper implementation requires careful consent management and data masking.
By Sergio Maldonado Elvira, Attorney, State Bar of California · FIP, CIPP/US, CIPP/E, CIPT
Published · Last reviewed
Key points
- →Obtain proper consent before recording
- →Mask sensitive data automatically
- →Address wiretapping law concerns
- →Manage litigation and enforcement risks
Wiretapping litigation risk
Session replay tools have faced class action lawsuits under wiretapping statutes, particularly California's CIPA. Plaintiffs argue that recording keystrokes, mouse movements, and form inputs without consent constitutes unlawful interception. Several cases have survived motions to dismiss. While outcomes vary, the litigation risk is real and can result in statutory damages.
Consent requirements across jurisdictions
GDPR requires consent for non-essential session recording—it's not strictly necessary for website functionality. US state privacy laws may require disclosure and opt-out. Wiretapping laws may require consent from 'all parties' to the communication. Implement clear, affirmative consent before session recording begins, not just privacy policy disclosure.
Data masking and sensitive information
Session replays can capture sensitive data users enter in forms: passwords, payment information, personal details. Configure aggressive masking: automatically redact password fields, mask credit card numbers and SSNs, exclude healthcare information forms, and consider masking all text input by default. Audit recordings regularly to catch masking failures.
Vendor selection and configuration
Session replay vendor choice affects your compliance posture. Evaluate: default privacy settings (opt-in masking vs. opt-out), data storage locations and retention periods, sub-processor lists and data sharing, consent integration capabilities, and contractual commitments. Many breaches stem from misconfigured defaults—review settings carefully.
Related reading
This guide is general information, not legal advice. Reading it does not create an attorney-client relationship. The law is stated as of January 28, 2026.
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