Legal Information Regarding Audio and Video Recording

This information is provided for educational purposes only and should not be considered as legal advice. It is important to always consult with an attorney for legal advice regarding specific situations.

Video Recording Laws

Are Hidden Cameras Legal to Own and Use?

Hidden video cameras are legal to sell, purchase, own, and possess in the USA. However, the use of hidden cameras may be illegal if they are used in prohibited areas. It is important to check local laws and regulations before using hidden cameras.

Is Video Recording Legal Without Permission?

In most cases, video recordings are legal with or without consent. However, there are some laws prohibiting video recordings in areas of expected privacy without consent, such as bathrooms, locker rooms, changing/dressing rooms, adult bedrooms, and other areas where a person should expect a high level of personal privacy. Generally, the majority of the laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved.

In some cases, courts have allowed video recordings made with covert cameras without the subject's consent, such as recordings of nannies, elder care employees, and other types of situations.

Audio Recording Laws

Is Audio Recording Legal Without Permission?

Recording audio is very different from video, and there are specific federal and state laws prohibiting surreptitious recording and monitoring of audio conversations. There are two types of defined recording situations for audio recording, known as "One Party Consent" and "Two Party Consent".

"One Party Consent" means that only one person (the person doing the recording) has to give consent to record the conversation, and that person does not have to notify the other parties that the conversation is being recorded. "Two Party Consent" means the person recording the conversation must notify both (or all) of the other parties that the audio recording is taking place, and they all must consent to the recording.

USA Federal Law requires "One Party Consent" for audio recording. However, individual state laws may vary (see table below for more information). Generally, audio recordings without any "consent" of at least one (or all) parties to the conversation are illegal.

Can Regular Security Cameras Have Microphones? Can Hidden Cameras Have Microphones?

There are important federal laws governing the legality of "audio recording devices" in the USA, which have nothing to do with "consent". These laws determine if security cameras with microphones/audio and hidden cameras with microphones/audio are legal or not. It is important to check local laws and regulations before using any monitoring products.

To learn more: https://www.govinfo.gov/content/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap119-sec2512.htm

Disclaimer: Monitoring software, trackers, and audio surveillance devices are designed to be used only in situations in which you are legally permitted to use them. Check your local state and federal laws to ensure that you are in compliance before using any monitoring products.