How to Legally Use Security Cameras in Your Home

By Steve Thompson, published Dec 21, 2007
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Most people know that security cameras are used in stores, restaurants, office buildings and other public places. They don't, however, expect for private residences to be taped, and you don't want to interfere with the privacy laws that protect American citizens. So how do you legally use security cameras in your home?

First, it is important to note that it is state, rather than federal, statutes that control the laws related to security cameras in a particular jurisdiction. Federal laws certainly address privacy issues, but the method you may use to capture video tape of people in your home will depend on where you live. Knowing this, it is important to research state and local laws to determine if you are legally using security cameras in your home.

That said, there are a few rules that everyone should follow, regardless of jurisdiction.

Reasonable Expectation of Privacy

Everyone in America is afforded a reasonable expectation of privacy, which means that there are certain areas where you can't legally use security cameras, even in your home. The bathroom, for example, is a big no-no, because people believe that they are not viewed while they're on the toilet or taking a shower. The same goes for dressing rooms, bedrooms and anywhere else one would expect to have some privacy. This has been a big issue for 'nanny cams' in year's past.

If you aren't sure whether you're legally using security cameras in your home, you can talk to your local police department about the reasonable expectation of privacy. Explain the lay-out of your house, the way the security cameras are positioned, and ask whether or not it sounds reasonable. Some police officers will even come out and inspect your home to ensure you're complying with the law.

Video vs. Audio

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