This applies to confidential communications.

> For the purposes of this section, “confidential communication” means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.

One of the parties visibly wearing a watch with a recording function, or holding a phone, or wearing earbuds with microphones in them means the other parties may not reasonably expect the conversation to be free of microphones.