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Is It Legal to Record Audio or Video on a Home Security Camera? Here Are the Rules

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The core purpose of a security camera is to keep eyes on your home -- but how do privacy laws affect their use? You should know if you could get in trouble before getting a security camera that could watch anyone from joggers on the street to babysitters in your home.

The good news is that your security monitoring should be fine in most cases, especially with a little common sense. But there are rules everyone should know before using live views or downloading video clips. Let's start with the concept of public spaces.

Read more: Want Better Home Security? Never Put Your Cameras in These Spots

Public vs. private surveillance

Common sense about privacy can keep you out of a lot of trouble. Lorex/Amazon

First, let's talk about the most important rule when recording video (anywhere). The standard that the courts have widely adopted is called the "reasonable expectation of privacy" and it's very, very important.

You can generally set up security cams in your home as you please, but you can't interfere with someone's reasonable expectation of privacy. In practice, that comes down to how people tend to use rooms. Surveilling living rooms, entryways, kitchens or dining rooms is fine because those rooms are more "public" spots used by everyone in the house and are generally highly visible.

However, setting up a cam to record video in a bedroom, bathroom or changing room is usually considered illegal without explicit consent, even in your own home. People expect a higher level of privacy in these areas and the law agrees. Minor/dependent limitations also apply: Parents can monitor their baby's bedroom, for example. But when in doubt, apply the rule of a reasonable expectation of privacy. If you do need cams in more private areas, consider disabling them when guests are over.

The expectation of privacy is even more important if neighbors are pointing security cameras at you. No one can film you without your permission on private property, like filming your backyard or through your windows.

One- vs. two-party consent

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