When you decide to install home security cameras, where you place your cameras and how you use your footage is important to consider. For maximum protection, it is recommended to monitor common areas as well as possible points of entrance. While home surveillance is not banned, there are a few things to keep in mind to avoid breaking the law.
Home Surveillance Concerns
Within your home, you do have the right to record without informing others, but there are very large exceptions to this rule. First, any area where a “reasonable expectation of privacy” is assumed is off limits. For example, if your home security cameras are monitoring your front yard and possibly the sidewalk and street, your expectation of privacy in these areas is low. On the other hand, bathrooms and bedrooms, where you may be in a state of undress, have a high expectation of privacy, and, thus, are prohibited.
Second, if your cameras enable audio recording, you may want to brush up on wiretapping laws. While these vary slightly from state to state, federal statutes allow audio recording so long as one of the two parties consents. This basically means that you, as the recorder, may know and give consent without informing the other party. However, some states, including California, require dual consent, meaning both parties must be aware and agree to be recorded.
In regards to recording burglars, any trespassers forfeit any expectation of privacy in your home. You may record the person, submit the footage to police, and use your video in court.
For cameras that run non-stop and record audio, you will want to warn any person that is allowed access to your home that these cameras are there and running, otherwise you may run the risk of breaking wiretapping laws. These people include family members, guests/visitors, delivery persons or installers.
The Consent Conundrum
You may now be wondering how you can lawfully gain dual consent. Will verbal consent or a surveillance sticker in the window suffice, or should you have every guest fill out a consent form upon entering? Unfortunately, consent for audio recordings must be given in written form. It is a common misconception that window decals or yard signs are sufficient means to gain consent, as it is expected for visitors to see and recognize them.
However, in a home setting, there may be an exception to the rule. With home cameras, it boils down to what you do, or intend to do, with your recordings. If you don’t do anything with the recording, it is likely that no one will know or care – no harm, no foul.
If you do something with the recording, things change. For example, say a celebrity is a guest in your home and now you have footage of this celebrity hanging out in your home. While selling this footage to a gossip magazine for profit may seem enticing, you will be breaking the law. First, consent was never given from this celebrity. Second, you cannot use a recording for commercial gain without the subject’s consent.
In regards to wiretapping, a possible solution is to simply turn off audio recording if your devices permit. However, why turn off a service that you have paid for? While thieves are usually fairly quiet while they work, using audio recording for eavesdropping may be beneficial (but puts forth yet another ethical dilemma).
Uses For Recordings
Let’s say you record someone in your home plotting a crime, or admitting to committing a crime. Most states allow you to use the recording to prevent a crime or prove that one was committed.
However, if the recording does not involve a crime and you decide to post it on YouTube or a social media site, you could be engaging in illegal activity. Using a recording for exploitive or commercial purposes (as in the previous celebrity example) may be misappropriation if not all parties consent. As a reminder, laws vary from state to state so please look into your own state’s laws.
Also, even within your own home, recording with the intention of blackmail is illegal.
Law enforcement has the right to ask for your home surveillance if they suspect illegal activity, and a warrant will likely be necessary. However, since most recordings are stored in the cloud, they may be able to go straight to the provider and obtain the footage, bypassing your permission to access.
What Should You Do?
To err on the side of caution, be sure that everyone entering your home is aware that the cameras are there, and avoid placing them in areas where privacy is expected. If you wish to withhold the information, so long as you do not do anything with the footage, you should be fine.
However, there are other reasons to be careful with the privacy of your security cameras. While you may not have the intention to do bad things, hackers may be able to access your cameras and broadcast your feed. To protect yourself and your guests, it is advised to take reasonable security precautions (ex. strong passwords, maintain security Wi-Fi network), and take the ethical high road when using new technology.
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