Are Security Cameras Legal?

• There are two types of laws that greatly influence the legality of security cameras: Expectation of privacy laws for video recordings and one- or two-party consent laws for audio.
• In most situations, installing security cameras in your home is legal, except if they violate a person’s expected privacy. To be safe, keep cameras away from bedrooms, guest rooms, and bathrooms.
• Looking for an indoor camera that respects your privacy? Check out the SimpliCam in our SimpliCam review. Its privacy shutter is a unique feature we think you’ll like.

Disclaimer: The information herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining advice from an attorney. Each case is different, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Security cameras are one of the staples of a well-rounded home security system. So of course, security cameras are legal. But are there any instances or circumstances where security cameras are illegal? In a word, yes. A lot of people have been imprisoned or fined because of how they used their security cameras. Scary thought, but as we’ll explain throughout this guide, you have nothing to worry about.

Do You Need Consent To Record Someone with your Home Security Camera?

The most common infraction of security camera owners who have gotten into legal hot waters is using security cameras to invade and violate other people’s privacy. For example, a landlord who puts a hidden security camera inside his apartment unit without consent from the tennant. That’s an obvious violation of privacy.

However, there are certain unclear areas. For instance, what if guests come over and you have security cameras in your house? Do they need to sign a waiver? Or, what if someone walks by your house and they were captured by your outdoor cameras? Can they sue you because they were recorded without their consent?

The laws aren’t overly explicit and they vary by state. So let’s look at federal and state laws that influence the legality of security cameras in such instances.

Federal Law

At the federal or national level, there are two sets of laws you’ll want to think about when setting up your home security cameras: consent laws and expectation of privacy laws.

• Expectation of privacy laws: Generally, it’s legal to record video in public. That goes for your everyday doorbell cameras, security cameras, and even your phone cameras. It’s also legal to record within your property, so long as you don’t do it in areas with a greater expectation of privacy. That’s especially true if you’re living with other people or have guests coming over. Areas with a greater expectation of privacy include bathrooms, bedrooms, changing rooms, locker rooms, etc. As a good rule of thumb, keep security cameras off of those areas.1
• One-party consent laws: For the audio recording of private conversations, this law (18 U.S.C. 2511(2)(d))2 allows recording of phone calls or, most importantly for home security cameras, in-person conversations with the consent of at least one of the parties. That means as long as you or another consenting adult are the parties in the audio being recorded, you’re free and clear to keep those audio equipped cameras rolling. That said, some states have an all-party consent law, which means all parties in the conversation should give their consent when conversations are being recorded. Those states include California, Delaware, Florida, Illinois, and Maryland, among others.

State Law

Only 15 states in the U.S. have specific laws around security cameras, but some counties and cities also have their own laws. So if you don’t see your state listed below, check out your home city or county’s website for more info.

• Georgia: Georgia permits using video surveillance cameras in public and private settings just as long as the cameras are in plain sight.
• Florida, Alabama, and Minnesota: Florida, Alabama, and Minnesota allows for hidden video surveillance in non-private settings. Check out that “expectation of privacy” definition above for a better idea of what non-private means.
• Tennessee, Michigan, and Utah: While you don’t need permission to install security cameras in public places in these states, you do need consent for hiding cameras in places that would be considered private.
• Hawaii: For our friends on the islands, you’ll need the consent of those being watched to install security cameras.
• New Hampshire, Maine, Kansas, South Dakota, and Delaware: These states apply the “reasonable expectation of privacy” principle and rule that you need consent to use hidden camera surveillance.
• California: This is a bit more specific than other states, but in California, it is illegal for anyone to make a video recording of communications that are considered confidential.
• Arkansas: State law requires consent when recording individuals in a private space.

What is the Difference Between Audio and Video Recording?

The law interprets audio and video recording slightly differently. First and most importantly, it is legal at both the federal and state level to record anything with an adequately displayed home security camera or recording device (i.e., not hidden). That means that you can install your home security system with a video doorbell, outdoor camera, or indoor camera that records sound, as well as video, without much worry. However, there are some legal oddities and critical ways to prevent your security camera installation from becoming a legal liability.

Are Hidden Cameras Legal?

One of the classic cases of indoor security cameras is the nanny cam. Long gone are the days of hiding a secret camera in a teddy bear, but hidden cameras are generally legal, as long as they abide by the expectation of privacy laws outlined above. For example, you can put a hidden camera in the living room of your house, since guests shouldn’t expect privacy there. It’s a common area, after all.

There are any number of how-tos, instructional videos, and Reddit threads teaching people how to effectively hide their in-home security cameras, but before jumping in, you would be wise to consider the potential ramification of recording your guests or hired help without their consent. It’s important to mention that laws around recording audio are much tougher than video, so always keep that in mind while looking for the right camera for your home. As always, it’s important to look at the legislation on a state-by-state basis.

Where Can I Point My Outdoor Cameras?

As you may have learned from our best practices on where to place your home security camera, outdoor cameras don’t deal with some of the potential privacy infringements that indoor cameras do. Outdoor cameras, including video doorbells, can reasonably be stationed around your property. Even if your outdoor cameras have indirect views of your neighbors’ yards, that shouldn’t be a problem.

It’s a different story when an outdoor camera is pointed directly towards and can see through a neighbor’s window. Everyone has the right to a greater expectation of privacy inside their homes. Even if your cameras aren’t on their property or in their house, being able to see the inside of a neighbor’s house is a violation of their privacy.

The best course of action is to keep those digital eyes focused on your own property and/or public property.

Do You Need to Register Your Security Camera or System?

Surprisingly enough, some counties require that you register your own security cameras and alarm systems with local or municipal governments, which we explain more fully in “does my home security system need a permit?”. One of the closest counties to us that requires registry is Suffolk County in Long Island.4 Thankfully, in Suffolk County, the only security systems that require a registry are linked directly to the local police alarm, so your average DIY security systems aren’t subject. All the more reason to check out your local ordinances before making your home security decision.

How Do You Protect Yourself from Security Infringement?

With the ability for laws around security cameras to change at the whims of the government, it’s hard to figure out what is and isn’t legal. The best piece of advice is first to make sure that you are setting up indoor and outdoor security cameras for the right reasons. Things like security and protection are reasonable, so even if you record something that might be in the gray zone of legality, as long as your cameras are in plain sight and are in a public place, you should be safe from legal action.

Recap

Mitigating risk is our specialty here at Security.org, but sometimes the risk isn’t from hackers, data thieves, or home intruders; it’s from the law itself. Security cameras present an interesting combination of both protecting the users, but also, potentially opening them up to some legal risks. Luckily, following the rules and suggestions laid out above is just as easy as installing a DIY camera, so if you stick to those basic principles, you’ll be operating legally and protecting your home more effectively.