Hidden Cameras, Nanny Cams, Spy and Surveillance Equipment

37 states allow “one party consent” recording of oral communications:
Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming*

12 states definitely require all parties to a conversation to consent before it can be recorded:
California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington** 

In the 37 one-party-consent states, a “body-worn” hidden camera or one of our Popular Pen Video Cameras may allow you to be more flexible in your surveillance in that audio can accompany your video – because you will be present for the whole conversation and recording and only your consent is required.

* The District of Columbia also allows people to record conversations with the consent of only one party. Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts – it could be considered an “all party consent” state.

** In California, there is an exception – you can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved. In all-party-consent states, you will need to stick with video surveillance only if you need to stick with the hidden nature of the surveillance.

CLICK HERE to read the full article: Are “Body Worn” Hidden Cameras Legal?

YouTube, Facebook and MySpace have all made individual uploading of video (and audio) to the internet very simple and very, very popular. You’ve captured some video and audio with A-1 Hidden Camera’s innovative products and you’re ready to share it. But before you start making plans to post your recordings, you’ll want to make sure that you won’t be creating a legal headache for yourself.

Your first consideration should be whether or not the recording itself was done legally, regardless of whether the recording was made by you or someone else. The federal 1986 Electronic Communications Privacy Act makes it illegal to possess or divulge the contents of any illegally intercepted communication. (There may be an exception to this law in situations dealing with matters of public concern and proposed criminal acts – such as video of government officials conspiring to commit fraud – but this is still a gray area of the law.)

Visible video cameras are generally not illegal if they are in a non-private place like the kitchen or living areas of your home. Hidden cameras (like “nanny cams” or “spy cams”) are usually acceptable from a legal point of view, unless the person being recorded has a reasonable expectation of privacy. Federal law 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.

If the camera records sound 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. Consent can be implied if a conversation is in an open, public area.

Even if the recording was made legally, you must still continue your analysis. A second consideration to be made is whether anyone who appears in the recording has a right to publicity claim.

The right of publicity is the legal right to limit the public use of one’s name, likeness and/or identity, particularly for commercial purposes. Publicity rights have been recognized in at least 28 states. As one might expect, New York and California are two states that regularly deal with right to publicity issues. California Civil Code authorizes a cause of action by any living person whose name, photograph, or likeness (which would include video) has been used for commercial purposes without his or her consent. Heirs of deceased people can also enforce the right of publicity. New York and other states have very similar statutes.

Assuming then that you’ve got a legally recorded video and you hope to share it on the internet for personal, and not business, reasons, you should check the Terms of Use of the website you choose to use. Any website may have more stringent requirements for the use of its servers to upload your recording.

If you have any specific questions about the legality of uploading any of your video or audio recordings to the internet, it is always advisable to consult with a local attorney who is familiar with the laws in your jurisdiction.

We’ve all seen the television news magazines exposés on babysitter surveillance (also known as “nanny cams”). But more and more, unfortunately, the news pieces are likely to feature “Granny Cams” instead.

As the U.S. population ages, more people are headed to nursing homes or have regular home health care. And, just as children are in a vulnerable position in relation to their caregivers, nursing home patients are likewise vulnerable and unable to fully communicate. A camera may be just what you need to put your mind at ease.

Supporters of the nursing home cameras believe that they could weed out elder abuse by nursing home employees as well as document poor care and neglect. Not surprisingly, nursing home owners believe that this surveillance is an invasion of privacy of residents and staff.

Is the use of a “GRANNY CAM” the same, under the law, as a “NANNY CAM”? Can it lead to civil lawsuits or a criminal investigation or charge? Unfortunately, the law in this area is not uniform across all 50 states and many of the legal issues have not been dealt with yet by the courts. You will probably need to have a specific conversation with a licensed attorney in your area to determine how to approach nursing home surveillance.

Just as with nanny cams, visible video cameras (not hidden in any way) are generally not illegal if they are in a non-private place. If the camera records sound 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.

Hidden cameras are a little stickier. 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. A nursing home bedroom would probably make the list as well. Most states now have laws similar to the federal laws.

In the case of a “granny cam” though, some additional concerns are raised. The two issues often raised in this situation are (1) the ability of the nursing home patient to consent to the surveillance and (2) the privacy of any roommate.

If the patient has not been deemed incompetent by a court, he or she may be able to legally consent to any recording. If the patient is less than competent for any reason, a legally-appointed guardian or attorney-in-fact (someone given authority by power of attorney) may be able to give consent. In some states, consent by someone other than a competent resident may not be adequate to support the recording.

The second issue is a privacy concern. Many nursing homes have double rooms. In that case, it is the best practice to obtain written consent from any roommate or legal representative of the roommate. The surveillance could very well record the dressing and undressing of both patients as well as bathing and medical treatments.

The state attorney general in New York has used hidden cameras (with the consent of the patient’s family) to record and prosecutor elder abuse. A few other states (New Mexico and Texas) have specific laws which provide the requirements for use of a “granny cam”. The factors include notification of the nursing home of the use of the camera and consent of any roommate or representative of the roommate.

Although some states, like Virginia, have adopted nursing home licensing regulations which cover video surveillance, most states have not passed specific legislation regarding nursing home surveillance. The resident (or, more likely, his or her family) must perform the installation and pay for any maintenance costs.

Ultimately, your goal with a granny cam surveillance system is to prevent any abuse or neglect of your loved one – and not to catch an employee perpetrating a crime upon the patient. So, you may be best off considering a heart-to-heart conversation with the facility administration about your desire to perform surveillance. And don’t forget to talk to your loved one’s roommate or his family about obtaining consent from them as well.

Self Contained Granny Cams

My grandmother was in a nursing home for almost eight years. This was many years ago, but I can still remember visiting her on Sunday afternoons. We would all pile into the car and drive the short ride to the nursing home.

It was just terrible. It was all so sad. The smell alone!

You would think that after all these years that things would have improved, but that is not the case. Basically, Nursing Homes have gotten much worse.

If you have a loved one in a nursing home… a Granny Cam is no longer an option. It is a necessity.

Check out A1-GrannyCams.com for all the information you need. Granny Cam Laws, Audio Recording Laws and more.

If you decide that a Granny Cam is the way to go.. please check out our full line of self contained Granny Cameras at:
A1-HiddenCamera.com

As you can see, surveillance technology has advanced so much over recent years that excellent cameras can be completely hidden from view in a number of different ways. These Spy Cameras are a great tool for many employers but can also be used inappropriately. The federal government and most states have recently passed “video voyeurism” laws.

These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons.

The federal law prohibits anyone from recording images of an individual’s “private areas” without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos.

You will need to check your home state’s particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private – bathroom and changing rooms may be “no-brainers” but some states’ courts have even decided that employee break rooms or lunch rooms are “private” for purposes of video surveillance.

Read the full article Video Voyeurism and Surveillance Laws in the Workplace

Take a look around the internet for a just a minute to see all of the amazing new technology in “body-worn” hidden cameras. Hats, neckties and pens can all contain video cameras and/or audio recorders. And the slimmest of digital audio recorders can be slipped into a pocket without detection.

How are these “body-worn” surveillance gadgets different from other covert surveillance tools from a legal standpoint?

Video recording (without sound) is usually okay – even if the camera is hidden on your body somewhere – unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video. If the space in which you are recording is a public place, most courts will find that there is no reasonable expectation of privacy by anyone using the space.

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. Most states similar laws. These laws are often referred to as “video voyeurism” statutes.

These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons. The federal law prohibits anyone from recording images of an individual’s “private areas” without consent when that individual has a reasonable expectation of privacy. So, stay away from the bathroom and someone’s private bedroom when you’re sporting that necktie camera!

If the “body-worn” hidden camera records sound as well as video (like the Pen DVR Camera with audio currently available), 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. The federal wiretapping statute allows phone calls and other electronic communication to be recorded with the consent of at least one party to the conversation.

This means that if you are one of the people taking part in the conversation (and using your new Pen Camera), the conversation can be recorded (because one person – you – has consented to the recording). If you are not taking part in the conversation or if you choose to leave that Pen DVR sitting on top of desk while you leave the room, at least one of the people in the conversation must know about and consent to the recording.

Just to make things a little more confusing, each state and territory has its own statutes regarding the recording of conversations. Most state wiretapping and eavesdropping laws are based upon the federal law and allow recording with the consent of one party to the conversation (usually you in a “body-worn” hidden camera situation).

In the 37 one-party-consent states, a “body-worn” hidden camera may allow you to be more flexible in your surveillance in that audio can accompany your video – because you will be present for the whole conversation and recording and only your consent is required. For more detail on the legalities of Audio Recordings, see our previous articles on Ezine.com Audio Recording Laws in the U.S. And for the finer points of your own state’s laws and requirements, you should always consult with an attorney.

Check out the latest and most high tech “body-worn” hidden cameras and systems.

37 states allow one party consent recording of oral communications. They are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.

The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.

In California, there is an exception. You can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.

The District of Columbia also allows people to record conversations with the consent of only one party. Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts. It could be considered an all party consent state.

Read the article Audio Recording Laws in the U.S. for more information. Check out A1-HiddenCamera for the latest Audio Surveillance Equipment

Sorry, but no you cannot. According to US federal laws, audio cannot be used in a surreptitious manner. An example of surreptitious interception is audio in hidden cameras. This includes pinhole board cameras and all covert or hidden cameras. Audio in hidden cameras or board cameras is only available to law enforcement agencies. (Title 18, Section 2512)

However in my opinion, if you are concerned about your children while in the care of others and are thinking about installing a Nanny Cam, you should consider recording sound as well as video. Adding a small audio microphone will do the trick. You will be able to see as well as hear what is being said to your children. No guessing involved!

Hopefully no one will ever strike your child. That is a given! The problem is that many times things that are said to a child are more hurtful than a slap! The pain of a hurtful comment can last for many years. The combination of a Nanny Cam AND Sound can clue you in to what is being said and the lessons being learned by your child – while you’re not there.

Children thrive on positive reinforcement. The more praise that they are given, the more they strive to please. On the other hand, children who are ignored or spoken to harshly withdraw or act out.

If you choose to make a Nanny Cam that records sound as well as video, you must comply with federal and state laws. Depending on your jurisdiction, you will need the consent of one or all of the parties prior to recording any conversations. Most states will allow you – the parent to consent to the recording on behalf of your minor child. For more information about the necessary consent to an audio recording, see the Audio Recording Laws article .

Get Audio in your hidden camera… combine a camera and an audio microphone!

Check out all of our Hidden Cameras at:
http://www.a1-hiddencamera.com/hidden-cameras.htm

Peace,
Sharon

Are you thinking about installing hidden or surveillance cameras in your place of business? Many employers consider video and other surveillance key to keeping an honest and productive workplace. It keeps employees on the straight and narrow – no fingers in the till, no time clock funny business, no drinking or drugging on breaks. Many business owners and managers also record or review phone calls and emails from the office. But employers must be careful not to go too far in their surveillance or they will risk being sued by an employee for an invasion of privacy under federal or state law. This article is an overview of the laws applicable to workplace surveillance – you should always talk to your own attorney to determine exactly what the law is in your state.

Video Surveillance

There are several variables when considering video surveillance in your place of business. Your choices include visible traditional and dome surveillance cameras or hidden cameras, with or without audio. Each of the variables has potential legal implications.

Visible surveillance cameras (not hidden in any way) are generally not illegal if they are in a non-private place. If the camera records sound 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 (often called spycams) are a slightly different story. Video recording (without sound) is usually okay – even if the camera is hidden – unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video. Courts across the country are finding with more and more frequency that no reasonable expectation of privacy exists with non-covert video surveillance or even with hidden surveillance if the physical space examined is a public space. Note that, if an employer uses union employees, the employer may be required to notify the union of its intention to use hidden cameras, but probably doesn’t have to disclose where the cameras will be installed. 

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. Most states have followed suit. These laws are often referred to as “video voyeurism” statutes.

Video Voyeurism Laws

As you can see here at A1-Hidden Camera, surveillance technology has advanced so much over recent years that excellent cameras can be completely hidden from view in a number of different ways. These Spy Cams are a great tool for many employers but can also be used inappropriately. 

The federal government and most states have recently passed “video voyeurism” laws. These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons.

The federal law prohibits anyone from recording images of an individual’s “private areas” without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos.

You will need to check your home state’s particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private – bathroom and changing rooms may be “no-brainers” but some states’ courts have even decided that employee break rooms or lunch rooms are “private” for purposes of video surveillance.

Other Surveillance in the Workplace
The monitoring of electronic communications such as telephone calls, voicemail, email and IMs is covered by the federal wiretapping and eavesdropping statute – the Electronic Communications Privacy Act. The ECPA does include several business use exceptions to allow employers to perform necessary investigations, protect trade secrets and keep an eye on inventory and receipts. Under the federal law, the monitoring of things such as email and phone calls is allowed if either the sender or recipient consents or if it is done in the regular course of business. Employers can monitor only equipment which they own and do not have the right to monitor email hosted by a third party (like web-based email programs). 

Best Practices
Whether they have a right to privacy at work or not, many employees find surveillance of any sort offensive. It is good practice for employees to be provided with written notification of the existence or possibility of any monitoring in the workplace – video, audio or otherwise. Notices can be made a part of a written, distributed policy or a section in the employee handbook.

Employees can even be asked to sign a consent to or acknowledgement of the monitoring. If you are cautious, ethical and respectful of your employees and of the law, video and other surveillance in the workplace can be a wonderful tool to keep your business running smoothly and profitably. 

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Self Contained Hidden Camera/DVR Systems

With so much great technology on the market these days, it is easier to record conversations than ever before – either over a land line, on a mobile phone or even in-person with a hidden recording device. Recorded conversations (either tape or digital) are often very helpful in a variety of scenarios.

These Audio Recordings may assist in an investigation of employee misconduct or in business or personal lawsuits, even in potential criminal investigations. It is very important, however, to make sure that any Recording, either of a Phone Conversation or an in-person conversation, complies with Federal and State laws. Otherwise, you may very well open yourself up to criminal charges or civil suits. And it is unlikely that you will be legally able to use the recording for your original purpose.

So, if you’re thinking about Recording some Phone Calls or placing a voice-activated Recorder in a room to Record Conversations, you’ll need to take a look at the applicable Laws.

The first place to look is at the federal wiretapping statute – also known as the Electronic Communications Privacy Act. Federal Law allows Phone calls (traditional, cellular and cordless) and other electronic communication to be Recorded with the consent of at least one party to the Conversation. This means that if you are one of the people taking part in the conversation, it can be recorded (because one person – you – has consented to the recording). If you are not taking part in the conversation, at least one of the people in the conversation must know about and consent to the recording.

You can’t stop, however, after considering federal Law and assume that your Audio Recording passes muster. Each state and territory has its own statutes regarding the recording of conversations. Most state wiretapping and eavesdropping Laws are based upon the federal Law and allow Recording with the consent of one party to the Conversation.

The 37 states which allow “one party consent” recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.

The District of Columbia also allows people to Record Conversations with the consent of only one party. Nevada has a one party consent statute but there is some question as to how the Law should be interpreted by the courts – it could be considered an “all party consent” state.

The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington. (In California Law, there is an exception – you can Record an Audio Conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.

Shop for the Highest Quality Audio Surveillance Equipment at www.A1-HiddenCamera.com