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What is the legality of surveillance in your own home?

Last updated on March 27, 2020

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If you have a surveillance camera that has a microphone hooked up in your own home for not only surveillance but as a webcam (meaning it can be accessed through the internet if you have all the passwords etc.). Is there anything illegal about that since it is recording non-stop? We have it in our basement/den because we usually keep our garages open in the summer and a flimsy door won’t stop someone from breaking in but it also records everything else that occurs in our basement/ den area including the going abouts of the family and any guests who come over. Is there anything illegal about that? I am pretty sure there is not since it is our own home but this is to settle a bet with a friend. Thanks!
Most of our frequent guests and family know about it and it’s difficult to turn it off and then reboot everything all over again. But they are aware of it and think it’s a good idea.

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13 Comments

  1. okchico okchico

    Everyone has an "expectation of privacy" if it is your own residence you can have surveillance cameras guarding your residence anywhere that you yourself can watch. When a visitor comes to your home their only expectation of privacy is in your bathroom, shower, etc. Think of the cameras as an extension of your eyes. You wouldn’t peep in your bathroom (at least I hope you wouldn’t) if someone was visiting. Anywhere you would like to watch otherwise (on your property) is fair game. Nobody has an expectation of privacy in your garage or your backyard. As long as one party knows they are being monitored (in this case you and your family or people who live at your residene) then any of your recordings is legitimate and can serve as evidence. Now a days with surveillance systems becoming more and more inexpensive it is easier for people to guard their materials. Good luck.

  2. Seeking.The.Truth. Seeking.The.Truth.

    Nope, not at all. If you own your own property, you are free to do with it whatever you please.

    I know PLENTY of people who do this for the very same reason.

  3. Colorado Doug Colorado Doug

    as long as your not storing that camera in the restroom or in an area that is considered "private" where someone could be changing or something of that sort. and if you keep them off the web. your good.

  4. Gareth W Gareth W

    No, do you think the government cares about it with all the surveillance they have, if it is peering into a neighbours house then yes its illegal but not on your house in the garage

  5. jimobasa jimobasa

    Well that is one way to discourage visitors and persuade friends to go elsewhere other than to your house. Who wants to visit a friend’s house knowing that everything is being filmed?

  6. george 2 george 2

    you can do it as long as your family and guests know in case they would get undressed or do something personal in the basement that they think is in a private area where no one can see.

  7. PATRICIA MS PATRICIA MS

    It’s ok. Keep it rolling till the gov’t hears about it.
    May become illegal. hmmmm

  8. kevw25 kevw25

    dont tell anyone and no one will know

  9. sparkles sparkles

    I took so law law classes and most of the times it’s okay. Selling the stuff you might run into problems. Not a lawyer

  10. bbj1776 bbj1776

    As long as you are not recording conversation with out people knowing they are not being recorded. If someone broke into your home, then it will not matter because they was there illegally.

  11. arjklfepoejngls arjklfepoejngls

    good for you!…did you catch anyone making a little nookie?

  12. nixdad96 nixdad96

    If the surveillance camera is placed in places you feel are a security risk, its not only legal, the police might commend you for taking these measures. Just like another responder wrote, "As long as those cameras are not placed in restrooms and showers."

  13. hexeliebe hexeliebe

    Actually, depending on the exact circumstances of each incident of recording and your location, you could be charged under Title 18. Crimes and Criminal Procedure ,18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986 or your state’s specific Penal Code.

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