Are Security Cameras Legal? Placement, Recording and Rules
Watch out for audio recording laws and spaces in which people have a reasonable expectation of privacy.
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Security cameras are generally legal to purchase and use to protect your home or business, with some exceptions. U.S. states have specific laws about security cameras with slightly different standards for consent to recording and hidden cameras in private or public settings.
In general, don’t place a camera anywhere someone would have a “reasonable expectation of privacy,” including bedrooms, bathrooms and guest rooms — even cameras pointing into a neighbor’s private spaces .
If your cameras have audio capabilities and can pick up a conversation, remember that some states have “all-party consent” laws that require everyone talking to consent to the conversation being recorded.
How do I prevent my security cameras from violating privacy laws?
Keep security cameras out of private spaces, such as bedrooms and bathrooms. If a camera can see into a neighbor’s property, change the angle or take advantage of privacy features from home security providers, many of which allow you to tailor a “privacy zone” that blocks out part of a camera’s view field.
Most security cameras we’ve tested have a “privacy shutter” that keeps the view field blocked most of the time, only opening when motion is detected and the system is armed.
» MORE: Is a video doorbell worth it?
Camera laws to know about
What's allowed and not allowed depends on where you live and where you put the camera.
Expectation of privacy
The concept of reasonable expectation of privacy is a part of the Fourth Amendment of the U.S. Constitution . It originally referred to government intrusion into private spaces but is also used to assess home security scenarios. For example, an overnight guest has a reasonable expectation of privacy in a home .
As security technology evolves, there may be new interpretations of this right on a case-by-case basis, but in general, it’s best to keep cameras out of places where people can reasonably expect not to be recorded. For example, a landlord might be able to place a security camera in a common area, such as a lobby, but might not be able to place a security camera inside a rented apartment.
One-party consent
Some federal consent laws for recording primarily concern audio, not video. For example, 18 U.S. Code §2511 pertains to the recording of conversations — over the phone or in person through a security camera — if at least one person involved has consented . Some states require everyone involved in a conversation to consent to being recorded.
Camera laws by state
State laws concerning video and audio recording can have slightly different wording, but in general they maintain the same principle as federal laws: keep cameras out of places where people have a reasonable expectation of privacy. Here are some examples.
Recording
- With consent. Arkansas and Hawaii, for example, require consent to record anyone in a private space . In Georgia, you’ll need consent unless you’re recording on your own property for security purposes, as long as you don’t invade anyone’s reasonable expectation of privacy .
- No confidential information. In California, it’s illegal to record “confidential” communications .
- No trespassing. In Minnesota, it’s illegal to enter someone’s private property to install a camera or to record through the window of someone else’s home .
Hidden cameras
- In many states, such as Alabama, Arkansas, Delaware, Kansas, Maine, Michigan, New Hampshire, South Dakota, Tennessee and Utah, you need someone’s consent to record them with a hidden camera (in some states, it’s worded as using hidden cameras in places with a reasonable expectation of privacy).
What happens if I record someone without their consent?
Invasion of privacy can be a misdemeanor or a felony, depending on the state laws and what was recorded. If someone is recorded without their consent, they may be able to sue the party responsible .
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- 1. Cornell Law School. Expectation of privacy. Accessed Oct 26, 2025.
- 2. Constitution.Congress.gov. Amdt 4.3.3 Katz and Reasonable Expectation of Privacy Test. Accessed Oct 26, 2025.
- 3. Tile.loc.gov. Minnesota v. Olson. Accessed Oct 26, 2025.
- 4. Cornell Law School. Interception and disclosure of wire, oral, or electronic communications prohibited. Accessed Oct 26, 2025.
- 5. Arkansas Code of 1987 (2023). Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) Chapter 16 - VOYEURISM OFFENSES (§§ 5-16-101 — 5-16-102) Section 5-16-101 - Crime of video voyeurism. Accessed Oct 26, 2025.
- 6. 2023 Hawaii Revised Statutes. Title 37. Hawaii Penal Code 711. Offenses Against Public Order 711-1111 Violation of privacy in the second degree. Accessed Oct 26, 2025.
- 7. 2023 Code of Georgia. Title 16 - Crimes and Offenses (§§ 16-1-1 — 16-17-10) Chapter 11. Accessed Oct 26, 2025.
- 8. FindLaw. California Code, Penal Code - PEN § 632. Accessed Oct 26, 2025.
- 9. 2023 Minnesota Statutes. 609.746 Interference with Privacy. Accessed Oct 26, 2025.
- 10. FindLaw.com. Can I Sue Someone for Recording Me Without My Permission?. Accessed Oct 26, 2025.
