GoKawiilSurveillance has become increasingly common in our streets and neighborhoods thanks to the spread of Flock Safety AI cameras and similar systems. While I've covered the current state laws that govern this kind of vehicle and person surveillance, you may still have questions about what's legal for your security cameras at home -- or your neighbor's.
I've done the research into these laws, which include important principles everyone with a home security camera should know, as well as some key differences by state. Let me break down what you can do with audio and video, and when it starts to violate laws that could lead to lawsuits or criminal charges.
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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