- There's no explicit federal law
that governs when, where and how
you can use security cameras,
but there are some national privacy
and consent guidelines that you need to know.
On top of that, state and local governments
may have their own laws
and private entities like businesses and HOAs
can institute rules as well.
This video will help you navigate the ins and outs
of security camera laws and understand your rights
when it comes to using or getting caught on camera.
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Expectation of privacy.
This is the queen mama of security camera laws.
It protects you from being filmed any place
where you have a reasonable expectation of privacy.
The federal expectation of privacy law
prohibits recording people anywhere
that's typically considered a private place.
And this covers both audio and video recording.
The most common places
where you have that "expectation of privacy"
and where you should not put a security camera,
include bathrooms, bedrooms,
changing rooms, locker rooms, and hotel rooms.
That includes Airbnb.
Consent.
This is the second key component
to figuring out whether or not surveillance is allowed.
Consent laws cover whether it's legal
to record someone on audio or video
without their permission.
On a national level, it's legal to record a conversation
either in person or over the phone
as long as you have at least one person's consent.
Yep, that means if you wanna record your conversation
with sneaky cell, your consent is all that's required,
on a national level.
The tricky part is that your state
may have stricter guidelines in place.
And here's an important note.
The national law only covers conversations.
So it doesn't explicitly prohibit video surveillance.
But if your video picks up a conversation
then it will fall under the consent law.
And one person in that convo
needs to have consented to that being recorded.
Security cameras and privacy.
This is the murkiest area when it comes to security cameras.
Is it okay to install a camera
that points toward your neighbor's house?
Can law enforcement demand access to your video footage?
Despite personal opinion, most of the time,
security cameras don't constitute a violation of privacy.
Now let's break down those two questions I mentioned.
First, is it okay for your neighbor
to install a camera that picks up action on your property?
The short answer is yes.
Installing an outdoor camera to keep an eye
on your home, car, boat, kids, pets
is not a violation of privacy
but there may be some times
when it could veer into that territory.
You might be violating someone's privacy
if the camera can see into your neighbor's home,
especially if it's into those private places
like a bathroom or a bedroom.
If you have a camera in a private place in your own home,
you might also be violating privacy.
Technically, even baby monitor cams may actually be illegal
but hopefully Junior isn't going to take legal action.
And if you use a hidden camera,
you might be violating privacy.
Hidden cameras fall under their own rules.
And some states ban them all together
while others require consent
for hidden camera to be placed somewhere.
So if you want to do that teddy bear-nanny cam situation,
first make sure your state allows it
and then find out if you need to let the babysitter know
the camera's there.
And finally,
can law enforcement demand that you turn over
your video footage?
The short answer is no.
Recorded video from your personal camera
is your private property.
So they can ask for it,
but they can't force you to give it over.
If it does go that far,
they're gonna show up with a warrant
or a subpoena for the footage.
But there is one caveat.
If you've posted your personal video footage
on a public forum like social media
or the Next Door app, it's no longer private
and anyone can use your shared footage,
including law enforcement.
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To get more details
and find out about individual state regulations,
you can get the full breakdown on safewise.com.
You'll find a link in the description.
Hey, thanks for watching.
And for more safety tips, reviews and advice
head on over to safewise.com
or stay tuned right here for our next video.
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