If you’re a business owner looking to monitor employees or customers, it’s legal to use video surveillance (again, only in areas where there isn’t an expectation of privacy) on your company property. “Arguably, if you’re renting out the entire apartment and you’re not setting foot in the apartment once that door is closed, one would think that there’s a reasonable expectation of privacy,” he says, which is why the recording of hotel rooms is illegal. While people renting out their houses or apartments on Airbnb have been known to use hidden cameras to prevent theft or vandalism, this is “shaky ground” legally, according to matrimonial and family lawyer Ken Jewell. He explains that it’s illegal in all states to record a conversation you’re not personally part of, so stick with cameras that record only video. Audio surveillance is a different story, however: “The laws are much more strict about audio recording than they are video recording,” says Andrew Geronimo, professor of law and director of the First Amendment Clinic at Case Western Reserve University.
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As family and matrimonial lawyer Martha Cohen Stine, of Cohen Stine Kapoor LLP, explains, nationwide it is legal to install a hidden camera in your home for visual surveillance without the consent of a nanny or other third party, but cameras are never allowed in places where there is an “expectation of privacy,” like a bathroom, changing room, or bedroom for a live-in babysitter or housekeeper. As Francis Jago, CMO of interactive espionage museum Spyscape, says, “With more than 1.7 million packages stolen from doorsteps across America, people are increasingly keen to monitor events outside their homes.”īefore using any hidden cameras, you’ll want to review the surveillance laws in your state.
Hidden cameras may bring to mind Cold War–era spy dramas or suspicious-looking teddy bears hiding nanny cams, but with the rise of new technology like video doorbells and DIY home security systems, covert surveillance is on the rise among those looking to keep an eye on, yes, nannies, but also housekeepers, home health aides (especially for seniors), and package deliveries.
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