It’s important to keep the privacy concerns of others in mind when protecting your property using security cameras. You must balance your security concerns against the privacy rights of your neighbors and passersby. While home security laws can vary by state, home video surveillance security camera laws by state in the U.S., in general, are straightforward.
Where Can You Legally Place Security Cameras?
Surveillance in areas in which individuals have a reasonable expectation of privacy is prohibited. This includes bathrooms, bedrooms, and dressing rooms. It’s illegal to record in these places — even on private property. Similarly, you must ensure outdoor cameras do not intrude on your neighbor’s privacy by providing views of their windows, yards, and the like. Courts can order the removal or adjustment of cameras found to be in violation of such privacy concerns.
Video Surveillance Laws by State: Consent Rules
Every state in the U.S. requires you to inform people when their conversations are being recorded. However, it’s not necessary to get the acquiescence of every person involved in a conversation in some states — as long as one of the involved parties grants permission to be recorded. This is known as one-party consent. However, some states enforce all-party consent.
One Party vs. All-Party Consent
Every person involved must agree to be recorded in all-party consent states. These include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. The best way to figure out what’s required in your state is to look up the laws governing surveillance where you live. Either way, you’re required to post signage warning people they are being monitored electronically to avoid legal issues.
Penalties for Breaking Home Security Camera Laws
The exact penalties vary by state, so here again, it’s a good idea to look up the statutes governing your area. Penalties can also increase under certain circumstances, as well as for multiple instances of privacy invasion. Eavesdropping and/or wiretapping carries specific penalties as well. There can also be consequences for contractors who install surveillance systems in such a way as to violate privacy concerns.
Invasion of Privacy
Secretly recording someone in an area in which they are considered to have a reasonable expectation of privacy is usually considered a misdemeanor. Penalties include up to six months in jail, along with fines of up to $1,000 — the first time you’re convicted. Subsequent convictions can result in a year of jail time and fines of up to $2,000. What’s more, penalties are often doubled for targeting minors or using concealed recording equipment.
Eavesdropping/Wiretapping
Conviction for the recording of a private conversation without the consent of the person being recorded can carry penalties of up to one year in jail, as well as fines of up to $2,500. However, in some instances this is considered a felony, which can result in up to three years in prison along with higher fines.
Civil Liability
Individuals found to have been victimized can sue for civil damages. Here again, the exact amounts of awards can vary. However, statutory damages of $5,000 or three times actual damages (whichever is greater) can be typical. Privacy breaches can also result in up to $3,000 in damages per violation.
Contractor’s Liability
Contractors found guilty of installing unlicensed cameras and audio recording devices on public property could lose their licenses and be required to pay fines. Exact amounts vary according to the nature of the offenses as well as the jurisdictions in which the infractions occur.
How to Stay Compliant with Home Video Surveillance Laws
First and foremost, it’s critical to notify individuals that they may be recorded. The placement of warning signage is usually considered adequate notification. However, it’s also important to make sure your cameras are positioned to avoid concerns. While training them specifically on entry points, driveways, and zones of high traffic will usually keep you out of trouble, you should avoid using cameras in private areas inside.
It’s also important to monitor your cameras carefully to ensure they do not intrude upon the privacy of your neighbors. Keeping up with the laws governing the use of home security cameras in your state is important, too. These can vary and are subject to change. The same is true for security camera laws in the U.S. in general.
Trained professional home security camera installers can help you ensure your placements comply with state and federal laws. Here at Guardian Protection, we have over 75 years of experience in this area, making us among the best in the nation. Additionally, our Perimeter Guard system warns visitors with flashing lights and audio alerts, sending a clear message that your property is both monitored and protected.
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Note: While this article touches upon legal concepts, it should in no way be construed as legal advice. You should always consult an attorney who is well-versed in the privacy laws as they pertain to electronic surveillance when you have questions along those lines.
