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Hidden Camera Laws & Legal Information

Before you buy or use any surveillance equipment, you need to understand the law. This isn't optional—it's the difference between protecting your property and committing a crime.

Important Disclaimer

This page provides general legal information, not legal advice. Laws vary by state, city, and country. They also change over time. Always consult with a licensed attorney in your jurisdiction before installing any surveillance equipment.

The Basics: Where Hidden Cameras Are Legal

The fundamental principle is reasonable expectation of privacy. You can generally record in places where people don't expect privacy. You cannot record in places where they do.

Generally Legal (Your Own Property)

  • Your home's common areas: Living room, kitchen, hallways, garage, front porch
  • Your business: Store floors, warehouses, offices (with some restrictions)
  • Your vehicle: Dashcams and interior cameras in your own car
  • Outdoor areas: Anything visible from public spaces

Generally Illegal (Expectation of Privacy)

  • Bathrooms: Even in your own home if guests use them
  • Bedrooms: Especially guest bedrooms and rental properties
  • Changing rooms: Any space where people undress
  • Private spaces you don't own: Hotel rooms, Airbnbs, other people's homes

Audio Recording: The Complicated Part

Video laws are relatively straightforward. Audio is where it gets complicated. The U.S. has two types of consent laws for audio recording:

One-Party Consent States

You can record a conversation if you are a participant. You don't need the other person's permission as long as you're part of the conversation.

Most states fall into this category.

Two-Party (All-Party) Consent States

Everyone being recorded must consent to the recording. Recording without consent is illegal even if you're part of the conversation.

Two-Party Consent States:

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, Washington

Specific Use Cases

Nanny Cameras

Video: Generally legal in common areas of your own home. You can monitor your living room, kitchen, and play areas.

Audio: Depends on your state. In two-party consent states, recording audio without the nanny's knowledge is illegal. Many people disable audio or inform caregivers about cameras.

Best practice: Many attorneys recommend informing caregivers that "security cameras are present in the home" without specifying locations. This provides some legal protection while maintaining deterrent effect.

Business Surveillance

Employers generally can monitor workplaces, but there are restrictions:

  • Must inform employees of monitoring in many states
  • Cannot monitor bathrooms, changing areas, or break rooms
  • Audio recording subject to state consent laws
  • Union workplaces may have additional restrictions

Rental Properties

If you're a landlord: You generally cannot install hidden cameras in rental units. Tenants have a reasonable expectation of privacy in their rented home.

If you're a tenant: You can install cameras in your rented space (your own living areas). Check your lease for any restrictions and don't damage the property.

Airbnb and Short-Term Rentals

Hosts can use cameras in common areas but must disclose them in the listing. Cameras in bedrooms and bathrooms are explicitly prohibited by all major platforms and illegal everywhere.

Penalties for Illegal Surveillance

Violating surveillance laws can result in:

  • Criminal charges: Felony or misdemeanor depending on jurisdiction
  • Civil lawsuits: The person recorded can sue for damages
  • Federal charges: Interstate cases may involve federal wiretapping laws
  • Evidence suppression: Illegally obtained recordings are inadmissible in court

Don't Be That Person

Using hidden cameras to spy on people in private spaces is not just illegal—it's a serious violation of trust and human dignity. The penalties exist for good reason. If you're considering using surveillance equipment for anything other than legitimate security purposes, stop and reconsider.

How to Stay Legal

  1. Know your state's laws: Research your specific jurisdiction
  2. Stick to common areas: If in doubt, don't put cameras in private spaces
  3. Consider disclosure: Informing people often provides legal protection
  4. Disable audio if unsure: Video-only recording avoids consent issues in most cases
  5. Consult an attorney: For business use or complex situations, get legal advice

Additional Resources

  • Your state's Attorney General website
  • Local bar association lawyer referral service
  • Electronic Frontier Foundation (eff.org) for privacy law information

Last updated: December 2025. Laws change frequently. This information is provided for educational purposes only and should not be relied upon as legal advice.