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 New Mexico (NM), 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, New Mexico law prohibits video surveillance in areas where individuals expect privacy, such as dressing rooms, bathrooms, and lactation rooms. When it comes to residential surveillance, homeowners in New Mexico may use 'nanny cams' to monitor service providers or guests within their homes, provided that the surveillance does not extend to private areas where a guest would have a reasonable expectation of privacy. It is important to note that while video surveillance is generally legal, audio recording without consent may be subject to different regulations, as New Mexico is a 'one-party consent' state for audio recordings. This means that at least one person involved in the conversation must consent to the recording. Violating privacy through improper video surveillance can lead to civil and criminal penalties under New Mexico statutes and case law.