Spy Camera Specialists cannot give any legal advice regarding privacy laws. The content bellow is for reference and informational purposes only. You must check your state and locals laws for what is legal in your area
Spy cameras are very helpful electronic tools that are often misused. It is important that all consumers take the time to understand legal issues regarding the use of Spy Cameras prior to using the products. There are many reasons people buy cameras, but Spy Camera is not our client’s illegal use of the merchandise. Please take time to educate yourself on the federal, state and local laws in your area regarding the use of video and audio surveillance. Please consider the following:
- In general, most video recordings are legal in the US with or without consent. Laws do exist regarding “Invasion of Privacy” which deals with the area of expected privacy.
- Law regarding audio/video surveillance varies from state to state, we further suggest that you consult with your local attorney and become fully aware of the local laws.
- The majority of states in the U.S. have laws prohibiting non-consensual photographic or video recording of persons in a state of undress or nudity in locations where the individual has a reasonable expectation of privacy. These locations vary and include, but are not exclusive to places like restrooms, changing areas, locker rooms, and bedrooms of someone like a nanny or caregiver.
- It is a vast invasion of privacy to place cameras or recording devices in bathrooms or dressing rooms. In almost every circumstance, doing so will lead to prosecution of the person placing the camera. Spy Camera Specialists cannot knowingly assist you with activities of this nature.
- Should you wish to install a spy camera in a space that you do not own, please ensure that you are aware of the consent laws in your area. It is not legal to record someone without their knowledge in a space that you do not own where the recorded party has a reasonable expectation of privacy. In Almost every state recording someone without their prior knowledge or consent is illegal. If you are involved in any sort of court case video of this nature will not be allowed into evidence to support your case
- Privacy laws still apply, even when you are in public spaces. For example, when you are using an ATM machine, it would be illegal for others to record your personal information. Please use caution when recording in public spaces. Another example would be taking the video of someone working on their laptop while in a public park.
Uslegal.com Definitions, found at http://definitions.uslegal.com/i/invasion-of-privacy/, has the following to say about Invasion of Privacy Laws:
“Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information.
Celebrities are not protected in most situations, since they have voluntarily placed themselves already within the public eye, and their activities are considered newsworthy. However, an otherwise non-public individual has a right to privacy from: a) intrusion on one’s solitude or into one’s private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one’s name or picture for personal or commercial advantage.
The Supreme Court has ruled that there is a limited constitutional right of privacy based on a number of provisions in the Bill of Rights and subsequent amendments. This includes a right to privacy from government surveillance into an area where a person has a “reasonable expectation of privacy” and also in matters relating to marriage, procreation, contraception, family relationships, child rearing and education. However, records held by third parties such as financial records or telephone calling records are generally not protected unless a specific federal law applies. The court has also recognized a right of anonymity and the right of groups to not have to disclose their members’ names to government agencies.
The criminal voyeurism statute of some states cover “a place where [one] would have a reasonable expectation of privacy”, meaning:
- A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or
- A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.
Given the similarity to voyeurism, a jury might find that placing a hidden camera in a certain location may amount to the torts of outrage or negligent infliction of emotional distress.”
At SCS we strive to provide quality products and excellent guest service so that you can ensure the security of your family and property. However, if it is communicated to us that you plan to purchase a camera to peruse any sort of illegal or criminal activity, SCS cannot assist you.
Hidden cameras are an excellent way to make sure your children are safe with a nanny. You can rest assured that an elderly parent is cared for properly by a live in caregiver. You will know that your teenage children are acting responsibly at home. Cameras can avert vandalism, ensuring that your property is not damaged or stolen. If theft does occur cameras can help you to document criminal behavior and prosecute the culprit.
Spy cameras are highly helpful and recommended for use to protect yourself, your family and your property. Please ensure that you are aware of the laws in your area so that you use your new camera correctly. This will help you to avoid any problems and legal issues.