Is Audio and Video Surveillance in my Home Legal?
Like many people, you may be considering a hidden or covert camera to record the activity in your home. As you can see on our site, these so-called Spy Cams or Covert Cameras can be hidden in a variety of household objects and record activity without even a glimmer of suspicion.
But, are you breaking the law, risking criminal charges or a civil lawsuit by taping in your own home? Is it legal? The answer is yes, your Surveillance or Hidden Camera in most instances is perfectly legal. There are a few details which should be brought to your attention and discussed with an attorney licensed in your state if you have additional questions.
Visible video cameras (not hidden in any way) are generally not illegal if they are in a non-private place like the kitchen or living areas of your home. If the camera records Audio as well as Video, you must comply with federal and state wiretapping and eavesdropping Laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction. See the Audio Recording Laws article on this site for more information about the necessary consent to an audio recording.
Hidden cameras are still usually okay from a legal point of view, unless there is a reasonable expectation of privacy. There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons. Most states now have similar laws. So, you definitely can’t record anyone in the bathroom and probably not in the bedroom.
So, at the end of the day, you will need to balance the legal and ethical issues related to recording in your home. Reasonable video surveillance, especially if done without sound, is legal in every state as long as you stay out of the bathroom and the bedroom. Now you’ve just got to decide whether or not to disclose the existence and/or location of the camera to your guests before you switch it on…
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Written by Sharon Macdonald
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