Recording With Hidden Devices - What's Legal and What Isn't
Legalities of Recording with a Hidden Camera in your Home
In the United States it is generally legal to record with a hidden camera inside your own home. For the most part this can be done without the consent of the person being recorded. Keeping in mind that video recording and audio recording are completely different entities. Audio recording is also examined below.
Before you place any hidden spy cameras or "Nanny Cams" in your home, it is a good idea to be sure that your particular state laws uphold this type of recording. To be extremely safe, it may also be wise to speak with an attorney about the specific ways you plan using your camera.
For the majority of all states, it is illegal to record in any area (including those inside your own home) that have a reasonable expectation of privacy such as the bathroom, others bedrooms etc.
Legalities of Recording with a Hidden Camera in Public
Using a hidden camera in public generally has the same legal particulars as recording inside your home. You may covertly record in any public place where a reasonable expectation of privacy does not apply such as restaurants, parks, shopping malls, city streets etc. It is illegal to covertly record in any public place that has that expectation of privacy such as washrooms, hotel rooms, change rooms, locker rooms etc.
Also keep in mind that it is illegal in any state to record someone for any malicious intent, including blackmail etc. All rights are waived if you record under these circumstances even if you have followed the law to the letter in all other regards.
Legalities of Employers Recording with a Hidden Camera in the Workplace
Employers may video record in the workplace with the same general exception that they do not record in areas that are considered private. Currently, there are no set of firm laws stating whether your employer need inform you of hidden cameras. Many business owners do choose to make the fact that hidden cameras are installed general knowledge, they are not legally expected to.
Legalities of Recording Audio with a Hidden Device
Laws surrounding audio recording are slightly clearer than laws regarding hidden cameras recording video. Federal and state laws require one of the participating parties consent when recording a telephone or in-person conversation. Many of the states allow 'one-party consent', but there are a few that do not. These include; California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Hawaii is different than all of the above in that it allows one-party consent in regards to audio recording, but insists on two-party consent if the recording device is located in a private area.
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Renee Laurin
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