Laws on surveillance cameras at home vary by state as no comprehensive set of regulations govern residential security cameras or video surveillance, so it is important to know the state, county, and local levels.
U.S. Laws Regarding Video Surveillance
All American citizens possess the right to reasonable expectations about privacy. Those privacy rights ensure that none can photograph or record another person if that person has an expectation of privacy. Private places include bathrooms, bedrooms, changing rooms, hotel rooms, locker rooms, and anywhere else a reasonable person would consider as non-public area. Remember that local laws and restrictions also apply. For most people, home security camera laws of respective states outline concrete rules. Rules vary widely between states, if it concerns indoor or outdoor camera. Not every state has specific security camera laws but local regulations can still apply. Counties could have ordinances, and HOA’s may have rules about use of outside security cameras. We review how some states handle laws on surveillance at home:
- In Georgia, recording anybody, whether in public or even privately is not against the law as, long as these video surveillance cameras don’t remain hidden, but consent laws are applicable.
- In Alabama, hidden video cameras can be used to record in non-private areas but the person recording must represent someone involved in the conversation or activity being recorded. Intent too matters a lot. Malicious intent to eavesdrop or spy is illegal.
- California is a twin-party consent state and everybody involved needs to consent to have their conversation recorded. However, that law doesn’t apply in public without expectation of privacy.
Audio Recording vs. Surveillance Camera Laws
Distinctions exist between audio and video recording. The one and two-party consent laws arose as audio recording existed before video recording became widespread. Some differences between audio and video recording laws, are: Covert video recording has a higher level of legal acceptance. Secret audio recording has a plethora of laws against it. Video recording may not have specific laws governing it. Audio recording has specific laws at the federal and state levels. A legal difference can exist between recording and surveilling. In some regions, surveillance is fine, but video recording isn’t okay. Most video surveillance systems handle audio and video, which leads to a undefined area.
Home Surveillance Camera FAQs
Before installing security cameras, the broader state laws and specific local laws as applicable should be ascertained. In all cases, intent does matter. If a neighbor’s security camera pointing at your home is a retaliatory act or for ill intent, the matter may attract the attention of authorities and courts. If a concern exists, go to the neighbor’s house to verify and ease the situation for all. There’s no need to inform someone that a camera is installed at home unless that camera records them but that recording caveat applies only to audio recordings. However, whether legal or not, it’s a good idea to inform others that the home they’re in, contains cameras. Hidden cameras are indeed legal. In most cases, hidden camera surveillance violates no laws and leads to proliferation of nanny-cams. Using a hidden camera in a public space doesn’t attract legal issues as it is an area where intent comes into play. What’s legal usually becomes illegal when malfeasance is involved.