If you're thinking about installing a new security camera in your home, a legal question appears: Is it legal for you to record audio and video anywhere you want in your home? Are there limitations or the possibility of lawsuits from your neighbors?
This is something I've thought about a lot as I've tested security cameras in all parts of my home for years. Owners must know when and where it's legal to record everything from their front yard and streets to friends, babysitters, and pet sitters. Breaking privacy laws could lead to fines, lawsuits and other huge headaches. I've gathered all the details below so you'll understand what to avoid and what's safe to do. Let's start with a key rule, the expectation of privacy.
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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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