Video Surveillance: Is It Permissible or Not?


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published by: surveillanceguide
on December 7th, 2007

Originally built for security and protection in casinos, banks, and airports, video surveillance equipment have reached homes and small businesses. The advancement of affordable and cheap video surveillance equipment have amplified the trend in small business and home use.

Tiny video surveillance cameras are now for sale. These can be installed in teddy bears, clocks, and lamps. While you are away from home, you can observe your home with the use of wireless feature of some video surveillance cameras. One of the most popular video surveillance equipment are nanny cameras. You can monitor your kids and the babysitter while you’re not around using these “spy” cameras.

Video surveillance is now a must in convenience stores such as 7-Eleven. Owners of the store can watch what’s happening in the store. Assault, burglary, and other similar crimes caught on camera can be presented as evidence in court.

Commercial buildings and offices are now installed with video surveillance. The employers can keep an eye on their employees.

Normally, video recording is determined to be legal in the U.S. This could either be with or without consent. Yet video recording is illegal when the following cases occur:

1. Video surveillance systems are set up in personal locations. Places like bathrooms, locker rooms, changing/dressing rooms, and motels should not be fitted with video surveillance systems. Doing a video surveillance of a person partially or fully naked is outlawed.

2. Video surveillance is done with audio recording without getting consent. You’ll be charged with wiretapping and eavesdropping if you conduct a video surveillance with audio included. This prohibition also includes recording a dialogue that you’re not a part of or haven’t been given permission to do so.

Laws on video surveillance differ in each state. In some states, it’s against the law to record anything on video when the person in charge of the area didn’t provide you any permission. You will be prosecuted when you were not given any authorization to observe your nanny using nanny cams. You can avoid additional harassment by telling your babysitter that she will be observed.

Home and business owners can rest easy because their businesses and homes are equipped with the best in video surveillance. If you plan on putting up a video surveillance system, check an attorney or a local or state law enforcement agency to ensure your compliance to regulations and laws prior to the use of video surveillance.

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