17th Feb 2009
The Legality of Home Surveillance: What You Should Know
In today’s world, many families are beginning to take a serious look at home security. It has become necessary to take extra measures to protect our property and possessions, and even more so, our family. Often it is deemed important to add a home surveillance system to the array of tools and methods employed to protect the homestead. But once the decision is made, there often follows a question: How do I know what I can and cannot record with my cameras?
This is a necessary question and an important one to ask. States and municipalities treat this subject in different ways. If you are thinking about installing any type of visual surveillance system, it is important to consult your local authorities on the legality of certain types of surveillance in your area. With that said, we will attempt to outline some general rules on what is and is not allowed in the realm of home surveillance.
External Home Surveillance
In the case of vandalism or theft, it is often prudent to consider placing a surveillance camera in the vicinity of the crime. But what about neighbors? What will they think if you point cameras near their property? Could they prosecute you for protecting your property? In most jurisdictions, it is allowable to set up a surveillance system to monitor your backyard and driveway, including the areas adjacent to them. The important thing to remember is to keep the cameras pointed at your property, as much as is possible. If you get a bit of the neighbors yard in the camera view, it should be acceptable as long as it is not egregious. If live cameras make you nervous, you might also consider installing a few false cameras on the eaves of your home. They look real and may serve as enough motivation for intruders to leave you be.
Nanny Cams
A more touchy subject involves the use of nanny cameras, or small often-hidden indoor surveillance cameras used to monitor the home while you are away. Many people have questions as to whether it is legal to record people in your home without their consent. In fact, it is generally legal to videotape nannies without their permission. Camera surveillance from nanny cams has been allowed admissible as evidence in cases of theft or abuse by the nanny if the cameras were installed for that purpose. One sticking point is recording audio along with the video image. Audio surveillance can fall under other laws regulating wiretapping or eavesdropping. If you intent to record audio along with video, it would be prudent to consult a lawyer before installing the system.
Again, these tips should be regarded as general information based on past cases involving home surveillance. You should inquire further about laws governing your area before deciding on the right surveillance plan for your home.
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