State Laws Regarding CCTV and Audio Recording
Video Surveillance Laws Listed By State
The information provided below regarding video surveillance laws by state is current at the time of this posting. The following is not to be used as legal advice. State and local laws may change or be periodically updated. It is the customer’s responsibility to educate themselves about the current status of local laws governing the use of video and audio surveillance equipment. If you know of a change or see an error, please contact us. If you have specific questions about the use of audio and video surveillance equipment in your area, please contact your local law enforcement agency or an attorney who is educated in your local statutes.
Federal Laws for Surveillance Cameras
Right to Privacy
People have a right to privacy under federal law in their homes, dressing rooms, and hotel rooms. The video surveillance laws by state remark that security cameras are not allowed in places where people would like privacy. Putting hidden cameras where federal laws apply can result in legal issues because these cameras might violate privacy. Recording audio or video illegally means courts will not allow the evidence.
Audio Recording
The Electronic Communications Privacy Act (ECPA) governs audio recording guidelines and how it can be integrated with video surveillance systems. The security camera laws differentiate between one-party and all-party consent states:
- According to one-party consent states, it is legal for people to record conversations (phone calls too) so long as one person gives permission.
- Consents from every participant are required in all-party consent countries. Failure to comply can lead to charges under federal wiretapping laws, especially if the audio capture is deemed unauthorized.
On this basic level, federal video surveillance laws by state cover everything. Yet, the rules in each state can be quite distinct, requiring businesses to be aware of and obey local regulations.
- Alabama - Video surveillance in a "private place" is prohibited.
- Alaska - N/A
- Arizona - N/A
- Arkansas - Prohibited in a private place without the permission of the people photographed or observed is against the law.
- California - Home security camera laws in California protect the privacy of the individuals. Video recording of "confidential communications" is prohibited without consent.
- Colorado - N/A
- Connecticut - N/A
- Delaware - Hidden cameras are prohibited without consent.
- Florida - N/A
- Georgia - Consent of all parties is required for video recording and photography in private places.
- Hawaii - Hidden video surveillance recorder is prohibited without consent.
- Idaho - N/A
- Illinois - Silent video recording is not prohibited.
- Indiana - N/A
- Iowa - N/A
- Kansas - Hidden cameras are prohibited without consent.
- Kentucky - N/A
- Louisiana - N/A
- Maine - Hidden cameras are prohibited without consent.
- Maryland - N/A
- Massachusetts - N/A
- Michigan - Hidden cameras in a private place are prohibited without consent.
- Minnesota - Hidden cameras are prohibited in private places.
- Mississippi - N/A
- Missouri - N/A
- Montana - N/A
- Nebraska - N/A
- Nevada - N/A
- New Hampshire - Hidden cameras are prohibited without consent.
- New Jersey - The statute does not prohibit hidden video recording.
- New Mexico - N/A
- New York - N/A
- North Carolina - Video recording laws in North Carolina are quite lenient. It does not have a specific law regarding hidden cameras in private places.
- North Dakota - N/A
- Ohio - N/A
- Oklahoma - N/A
- Oregon - N/A
- Pennsylvania - N/A
- Rhode Island - N/A
- South Carolina - A Peeping Tom under the statute is a person who "peeps through windows, doors or other like places" on another's premises for the purpose of "spying upon or invading the privacy" of others or for "any other conduct of a similar nature that tends to invade the privacy of others.
- South Dakota - Hidden cameras are prohibited without consent.
- Tennessee - Tennessee's "Peeping Tom" statute forbids a person to "knowingly photograph or cause to be photographed" in a private place.
- Texas - N/A
- Utah - Hidden cameras are forbidden in private areas; violation is a misdemeanor.
- Vermont - N/A
- Virginia - N/A
- Washington - Silent video recording is not prohibited.
- West Virginia - N/A
- Wisconsin - N/A
- Wyoming - N/A
In General:
It is illegal to obtain video surveillance of someone for malicious purposes. It is also illegal to take video surveillance of an individual in a place of “expected privacy” where the surveillance will violate specific privacy laws. These private places may include but are not limited to:
- Bedrooms
- Bathrooms
- Locker Rooms
- Dressing Rooms
- Changing Rooms
- Hotel Rooms
- Showers
Use of Hidden Cameras in Your Home or Residence
In general, you are entitled to install a hidden surveillance camera in your home for purposes of safety or home security. The footage captured may be used in court when prosecuting an individual caught breaking the law within your home. However, some states do prohibit the use of hidden surveillance cameras that also capture audio. This means that a surveillance tape with audio may not be able to be used in a court prosecution. States that don’t allow you to capture audio without the person’s express consent include:
- Washington
- Pennsylvania
- Oregon
- New Hampshire
- Nevada
- Montana
- Massachusetts
- Maryland
- Louisiana
- Illinois
- Hawaii
- Florida
- Delaware
- Connecticut
- California
Use of Hidden Cameras in Businesses
Many businesses use video surveillance systems (either hidden or within view) to promote the security of their business. These cameras can help catch thieves or shoplifters within a business and can also allow the company’s security to identify any dangerous or illegal activity.
Audio & the Law
Audio recording features are included in all of the systems that we offer. Recording both video and audio can be a very effective tool for security and legal surveillance purposes. However, there are liabilities you may assume if you use these features incorrectly. Ultimately, it is your responsibility to make sure your use of such equipment abides by the local laws.
The recording of covert or hidden audio without the consent of at least one party is almost always illegal. Thus, our "hidden" cameras do not come with built-in audio mics. Nearly all audio recordings without the consent of one or all parties are unlawful. Recording audio is very different from video, and there are definite federal and state laws prohibiting surreptitious recording and monitoring of audio interactions. These laws are taken extremely seriously by authorities, and failure to adhere to them could result in serious consequences. There are two types of defined recording situations for audio recording. They are usually identified as "One Party Consent" and "Two Party Consent".
- One Party Consent means that only the person doing the recording has to give consent and does not have to notify the other party or parties that the conversation is being recorded.
- Two Party Consent means the person recording the conversation must notify all of the other parties that the recording is taking place and must request consent for the recording.
Federal Audio Recording Laws
The federal wiretapping statute, also known as the Electronic Communications Privacy Act, permits phone calls (traditional, cellular and cordless) and other electronic communication to be recorded as long as there is consent from at least one party involved in the conversation. It means that you should be among the people taking part in the conversation.
States with "One Party Consent" for Audio Recording
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- District of Columbia
- Georgia
- Idaho
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Minnesota
- Mississippi
- Missouri
- Minnesota
- Nebraska
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- Ohio
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
States with "Two Party Consent" for Audio Recording
- California
- Connecticut
- Delaware
- Florida
- Hawai
- Illinois
- Kansas
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Utah
- Washington
How Should You Direct Your Outdoor Cameras?
There are no video surveillance laws by state for placing cameras outside your house. Outdoor cameras don't protect your privacy to the same extent as their indoor counterparts. Hence, it is reasonable to install outside cameras, such as video doorbells, across your property. The fact that your exterior cameras can only see your neighbors' yards in a haze shouldn't deter you.
What happens when an exterior camera faces directly into a neighbor's window changes everything. A reasonable expectation of privacy in one's own house is a fundamental human right. Viewing a neighbor's home from your location invades their right to privacy, regardless of whether your cameras aren't actually located on their property or inside their house.
The wisest move would be to direct those electronic eyes toward your private and/or public properties.
Benefits of Following Video Surveillance Laws at Home
- Cuts down the chance of needing to change the location of your camera equipment later because of complaints.
- Helps you avoid infringing on others’ privacy, whether you’re in shared areas or within neighborhood limits.
- Keeps you out of trouble with the law or troublesome arguments with visitors or neighbors.
- Workers, visitors and neighbors feel safe knowing that they’re being monitored lawfully.
- Makes your surveillance system more trustworthy when making insurance claims.
- Motivates people to keep their cameras far from bedrooms and bathrooms.
- Helps avoid fines from complying with local storage laws for digital video.
Intent Matters!
Since many US states have a gray area in regard to hidden camera surveillance, the concept of intent has often been brought into the legal spotlight. If you are taking hidden video surveillance of your nanny to ensure that she is keeping your children safe, this is seen as acceptable intent. However, if you are taking video surveillance of visitors in your home in order to blackmail, this can be considered malevolent intent, making it illegal. Hence, video surveillance laws by state play a vital role in the home security system in the USA.
