Legal information regarding audio and video recording
This information should not be considered as legal advice. Always check with an attorney.
Video Recording Laws: Are Nanny Cams legal to own and use?
Nanny cameras are legal to sell, purchase, own, and possess in the USA.
The usage of Nanny cameras is legal in most cases, however the use may be illegal if the nanny cameras are used in prohibited areas. (read more below)
Video Recording Laws: Is video recording legal without permission?
Most video recordings are legal with or without consent.
There are very few laws which prohibit video recording of any kind, but that being said there are some laws prohibiting video recordings in areas of expected privacy without consent.
These may include areas such as bathrooms, locker rooms, changing/dressing rooms, adult bedrooms, and other areas where a person should expect a high level of personal privacy.
Generally the majority of the laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved.
So far, in some cases the courts have allowed video recordings of nannies, elder care employees, and other types of video recordings made with covert cameras without the subject's consent.
Audio Recording Laws:
Is audio recording legal without permission?
USA Federal and State laws require different levels of "consent" to record audio conversations.
Recording audio is very different from video. There are specific federal and state laws prohibiting surreptitious recording and monitoring of audio conversations. These laws are taken very seriously by authorities and failure to abide by them may result in severe consequences.
There are two types of defined recording situations for audio recording. They are usually referred to as "One Party Consent" and "Two Party Consent".
"One Party Consent" means that only one person (the person doing the recording) has to give consent consent to record the conversation. That means that person 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 both (or all) of the other parties that the audio recording is taking place and they all must consent to the recording.
USA Federal Law requires "One Party Consent" for audio recording
(SEE TABLE BELOW FOR INDIVIDUAL STATE LAWS)
Generally audio recordings without any "consent" of at least one (or all) parties to the conversation are illegal.
Audio Recording Laws: Can nanny cameras have microphones?
There are other important Federal laws governing the legality of "audio recording devices" in the USA. These laws have nothing to do with "consent". These laws determine if security cameras with microphones/audio and nanny cameras with microphones/audio are legal or not.
Our Company does NOT sell Nanny Cams with Microphones in them
Alabama - Click Here Alaska - Click Here Arizona - Click Here Arkansas - Click Here California - Click Here Colorado - Click Here Connecticut - Click Here Delaware - Click Here District of Columbia - Click Here Florida - Click Here Georgia - Click Here Hawaii - Click Here Idaho - Click Here Illinois - Click Here Indiana - Click Here Iowa - Click Here Kansas - Click Here Kentucky - Click Here Louisiana - Click Here Maine - Click Here Maryland - Click Here Massachusetts - Click Here Michigan - Click Here Minnesota - Click Here Mississippi - Click Here |
Missouri - Click Here Montana - Click Here Nebraska - Click Here Nevada - Click Here New Hampshire - Click Here New Jersey - Click Here New Mexico - Click Here New York - Click Here North Carolina - Click Here North Dakota - Click Here Ohio - Click Here Oklahoma - Click Here Oregon - Click Here Pennsylvania - Click Here Rhode Island - Click Here South Carolina - Click Here South Dakota - Click Here Tennessee - Click Here Texas - Click Here Utah - Click Here Vermont - Click Here Virginia - Click Here Washington - Click Here West Virginia - Click Here Wisconsin - Click Here Wyoming - Click Here |