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 Massachusetts, video surveillance laws align with the general principle that it is legal to record or surveil individuals without their consent in areas where there is no reasonable expectation of privacy. This means that in public spaces or visible areas within a private setting, such as a retail store or a workplace, the use of surveillance cameras is typically permissible. However, Massachusetts law prohibits video surveillance in areas where individuals have a reasonable expectation of privacy, such as dressing rooms, bathrooms, and lactation rooms. The use of 'nanny cams' or other hidden cameras in one's home is generally legal, provided they are not placed in private areas where someone would expect privacy. It is important to note that while video surveillance is allowed in many circumstances, audio recording without consent is strictly regulated in Massachusetts under the wiretapping law, which requires two-party consent for audio recordings. Violating these privacy laws can result in both civil and criminal penalties. To ensure compliance with state statutes and to respect privacy rights, it is advisable to consult with an attorney before implementing a surveillance system.
