Video surveillance is generally legal in the United States and a person is not required to get the consent of the person being watched or recorded—unless the surveillance or recording is done in a place or context in which the person being watched or recorded has a reasonable expectation of privacy.

For example, in a retail store or workplace setting, the store or employer may place cameras surveilling and recording persons in the store or workplace but may not do so in dressing rooms, bathrooms, or breastfeeding or lactation rooms—which are places where persons generally have a reasonable expectation of privacy.

Similarly, people generally have a right to surveil (watch) and record persons visiting their homes—and when hidden cameras are placed inside the home they are sometimes referred to as nanny cams. For example, people sometimes want to watch and record a babysitter, nanny, cleaning service provider, repairman, pool cleaner, or other invited or uninvited guest.

It is generally legal to surveil and record such persons with or without their permission—but only in places where the persons being watched or recorded do not have a reasonable expectation of privacy. For example, it is often a civil and criminal violation of state statutes to place a hidden camera in a bathroom, shower, or changing area in which persons have a reasonable expectation of privacy.

Video surveillance laws vary from state to state and are usually located in a state’s statutes—but some relevant privacy laws and rights may also be located in a state’s court opinions—also known as its common law or case law.

In Georgia, video surveillance is subject to state statutes and federal law regarding privacy. It is legal to conduct video surveillance in many public and private settings where there is no reasonable expectation of privacy. This means that in places like retail stores or workplaces, the use of surveillance cameras is generally permissible. However, Georgia law prohibits video recording in areas where individuals have a reasonable expectation of privacy, such as dressing rooms, bathrooms, and lactation rooms. When it comes to residential settings, homeowners may use 'nanny cams' to monitor service providers or guests without their consent, provided that the surveillance does not occur in private areas such as bathrooms. It is important to note that while video surveillance is broadly legal, any recording that violates reasonable expectations of privacy may lead to civil and criminal penalties under Georgia's privacy laws. Additionally, audio recording without consent may be subject to Georgia's eavesdropping laws, which typically require one-party consent.