Nanny-cams, street surveillance camera's, security camera all have proliferated in recent times. We have become a society that is relying on video surveillance more and more. We very rarely question these security measures. When surveillance cameras appear in a warehouse, there is no doubt that it is legal. Similarly, nanny-cams are sold on the open market and used every day by homeowners to protect children and valuables from potential theft by domestic servants. Yet few if anyone raises the question, "Is video surveillance legal?"

Public Video Surveillance

The short answer to this question is yes. However, there are few if any laws that strictly govern the use of surveillance in public areas. Historically, the courts have favored the allowance of video surveillance and photography in public areas. This is due, in part, to the issue of privacy. Individuals have no expectation of privacy in public places, with certain exceptions such as private areas of public restrooms or areas where clothing is removed such as a dressing room.

Even in these cases there has been a mixed history regarding the courts willingness to set precedence. Another notable exception is stalking or illegal surveillance. The courts have very strict guidelines as to the legality of still image or video surveillance of a specific person. As with most privacy related issues, there is a great deal of "grey area" and that can become an issue if a complaint is raised.

Private Monitoring

Considering the above, is it legal to set up video surveillance in or around your home? Once again, we have historically favored the rights of the individual in their own home or domicile. If you choose to set up a video camera in your home, the law considers it your business and your right. Security cameras that show persons standing at the front door or that monitor private property are legal, of course. However, the rights of privacy of the individual are still paramount.

What that means is that while you can set up a cctv surveillance system in a bedroom you cannot video tape a house guest staying in that bedroom without their consent. That same logic would mean that you would have to reveal to any prospective guest in your home of any home video surveillance that you are conducting, especially if it is hidden. This would constitute an invasion of privacy and possibly wiretap laws as well. The law will always include large areas of ambiguity as a consequence of new or un-adjudicated issues. This is one of the larger and is growing more prevalent as our technology advances. Video surveillance is a powerful security tool but one that must be used properly.