The Legalities of CCTV Systems for Surveillance

As the price of CCTV systems continues to come down, more and more people are installing CCTV systems for security and surveillance. The increasing use of CCTV cameras in private residences and small businesses has raised a lot of concerns about privacy in various countries around the world, but those concerns are just coming to the United States. If you’re considering installing a CCTV camera and recording system, it’s important to know what laws and restrictions apply to your use of a security camera system for surveillance.

First, always check the laws regarding the use of CCTV systems for surveillance in your state. The laws vary widely from one state to the next, but these answers generally apply.

Surveillance Camera in Your Home

In general, you can legally use a hidden surveillance camera in your home to record video without the consent of the person you’re recording. This applies to most small cameras, such as nanny cams, that parents use to keep an eye on caregivers in their homes. If you’re planning to use a security camera this way, though, you should check the laws in your state or speak to an attorney about how you plan to use the CCTV camera.

Also, it’s important to remember that recording video and recording audio are completely different in the eyes of the law. In most cases, it is illegal to record audio without the knowledge of at least one of the parties being recorded. Again, the laws vary widely from state to state, so be sure to check them in your state.

Finally, while most states have no restrictions about hidden recordings in public areas of your home, nearly all states have laws against using a hidden surveillance camera in areas of your home where residents or guests have a “reasonable expectation of privacy,” such as in the bathroom or in a bedroom. Some states don’t have specific bans about using hidden cameras in bedrooms or bathrooms, but that doesn’t necessarily mean that it’s legal or morally right in states that don’t expressly forbid it. It’s still a developing area of the law, and you could find yourself used as a test case.

Intent May Govern Recording

In addition to location of recording, your intent while recording may determine whether it’s legal for you to use a CCTV camera to record interactions in your home. For example, it’s illegal to record video or audio with the intent of using it for blackmail or malicious intent.

Recording with a Surveillance Camera Outside Your Home

Generally, it’s legal to record surveillance video in public places, but it may be illegal to record surveillance footage of private space that can be seen from your property. For example, when setting up an outdoor security camera, you should take care to position it so that it does not record your neighbor’s back yard or the inside of their home through the windows.

Other laws may apply to business owners who want to record surveillance video of their employees at work, because regulations set out by the National Labor Relations Board come into play. If you intend to use CCTV systems to record hidden surveillance in the workplace, check with a lawyer to make sure that you’re on firm legal ground before proceeding.