Wireless Surveillance Cameras | Laws Regarding Video Surveillance Systems

Laws Regarding Video Surveillance Systems

There are 13 states which expressly prohibit the installation or use of video surveillance systems and cameras in private places. That’s not to say you can’t use them, only that the laws require you use them in a specific way such as by informing the intended subjects you have a home surveillance system in place. There are additional states which have laws vaguely touching on matters of hidden surveillance cameras or the recording of subjects in private places which will be included below. 

Before we get to the states, we should define the words “private places.” A private place is simply one where a person may reasonably expect to be safe from unauthorized surveillance. For example, several states have laws prohibiting the use of some kind of video surveillance system in specific circumstances such as in a dressing room, locker room or restroom or where the intent of the owner/installer is for the purpose of viewing a person in a state of partial or full nudity. 

We’ll elaborate where possible, but it’s absolutely essential that you do your own local research to ensure the accuracy of what is written here. Laws change with time, after all. Also keep in mind that laws are somewhat loosely defined in some places meaning that, while it may seem legal to use a hidden surveillance system, where you place it and what your intended purpose may be could make the difference between the act being legal and illegal. 

It is due to the sometimes loose wording of the laws that we will repeatedly emphasize here that you always keep the privacy of your subjects in mind when you decide to use a wireless surveillance camera. If your intent is to catch your visiting friend or your babysitter in a state of undress, using the shower or toilet, you will likely be breaking a law of some kind regardless what state you live in. Be ethical and ensure you follow all federal, state and local laws when installing or using a hidden camera of any kind. 

  • Alabama - video surveillance systems are prohibited in private places. Placing one in a hotel lobby is acceptable but not in a hotel room, for example. 
  • Arkansas - video surveillance cameras may be placed in public places. Recording or viewing of individuals in private locations without their permission violates the law. 
  • California - though a bit cryptic, California law states that video recording of confidential communications is prohibited without the consent of the parties being recorded. 
  • Delaware - hidden surveillance cameras are prohibited without consent of the subjects monitored. 
  • Georgia - consent of all parties is required if they are to be recorded on a video surveillance system or photographed. 
  • Hawaii - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed. 
  • Illinois - If you want to use home surveillance systems here, ensure they DO NOT have sound recording capability as the law specifically emphasizes silent video recording is not prohibited. 
  • Kansas - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed. 
  • Maine - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed.
  • Michigan - Hidden surveillance cameras in private places are prohibited without the consent of the subjects to be recorded or viewed. 
  • Minnesota - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed.
  • New Hampshire - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed. 
  • New Jersey - no prohibition against hidden surveillance cameras. 
  • North Carolina - has no specific laws regarding hidden cameras in private places. 
  • South Carolina - though hidden surveillance cameras are not specifically referenced, SC states that a “peeping tom” under the statute is a person who “peeps through windows, doors or other like places” on another’s premises for the purpose of “spying upon or invading the privacy” of others or for “any conduct of a similar nature that tends to invade the privacy of others.” - To translate, their laws are pretty loosely defined but if your objective is to protect your child on your own premises or monitor against illicit activity occurring on your property, you probably fall outside this definition. 
  • South Dakota - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed.
  • Tennessee - another “peeping tom” statute which forbids a person to “knowingly photograph or cause to be photographed” in a private place. 
  • Utah - hidden cameras are prohibited without the consent of the subjects to be recorded or viewed. 
  • Washington - hidden surveillance cameras permitted as long as they do not capture sound.

We’ll remind you again that we are not responsible for the ethical or legal use of any video surveillance systems you put in place. The list above is a guide and not a writ-in-stone legal reference. Laws may change. It is your responsibility to ensure you are in compliance with federal, state and local laws regarding the possession or use of any of the systems or devices referenced in this blog.

Filed Under Wireless Surveillance Camera Ethics, Wireless Surveillance Cameras and the Law |

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Comments

One Response to “Laws Regarding Video Surveillance Systems”

  1. Kathy Thompson on August 20th, 2009 10:48 pm

    I believe someone is video and or audio surveying me in my home without my consent. Do you have equipment that can detect these devices??

    Thanks,
    Kathy Thompson

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