No one likes being on camera all the time — even famous people hate being watched constantly. With constant public surveillance becoming inevitable, few of us know when we aren’t being watched — 0r what we shouldn’t be recording ourselves. Law enforcement has used public surveillance cameras and videos from average citizens to catch criminals in many high-profile cases. The inevitability of being constantly watched in public is obviously helpful in catching the guilty, but being watched can be frustrating for the average citizen (like those trying to evade a crazy ex). While there’s not much you can do to evade public security cameras, you can fight surveillance in some instances. And, you may be surprised to know how much your own everyday video recordings and sharing may be less legally innocent than you think.
Where You’re Being Watched
Cameras are everywhere: traffic lights, parking garages, restaurants, department stores, and housing developments. Your daily routine could easily be tracked: your morning breakfast stop, your route to work, your stop at the bank, your weekend shopping spree, your arrival home — and even that stop at your friend’s house (thanks to their home security system). In essence, most public places use security cameras — and (to avoid a lawsuit when you see yourself picking your nose on the evening news) the establishment will usually display a “Smile — you’re being watched,” sign.
What You Can’t Record
Although it’s perfectly legal to install cameras on your own property to protect it, be wary with audio recording. In most states, it is illegal to record a conversation without the consent of both parties, although some states do permit this (helpful when you are being threatened via phone, etc.).
When installing a video surveillance system to monitor your home, take care to place cameras legally (thus avoiding voyeurism charges — yikes!). As a general rule, monitoring someone without their knowledge or consent is illegal when they are in an area that provides a reasonable expectation of privacy. This includes –- but may not be limited to –- bathrooms, bedrooms or changing rooms. If your camera has a view of the neighbor’s backyard swimming pool, you could find yourself in a legitimate lawsuit (especially if they like to go skinny dipping).
It may also be illegal to record video or audio in public areas without a sign designating that you are doing so, although these laws vary by state. Audio recording without a party’s knowledge has a great deal of regulations under wiretap laws. It is almost always illegal to record another person’s conversation without their permission. As an employer, you cannot record union workers without their knowledge.
If you’ve been excited to document the birth of a child, good luck; to protect doctors and hospital staff, no video cameras are allowed in the delivery room. You and your friends all recorded snippets from your last concert venture (oops), and posted them on YouTube (double oops). You could get slapped with charges of copyright infringement and other suits from the performers, songwriters, record labels, and others who have permission to film and distribute recordings of the performance.
To stay safe, always make sure you have permission from people you’re recording, and be careful when leaving a camera rolling — even in your own home.
2 comments
Heather
My circumstances (and the case I hope you will help me get into the public eye) concern illegal surveillance, criminal trespass, identity theft, mail theft, and violence against women and seniors. The cousin of a local cop threatened to kill me, so I got an Order for Protection. A few months later, my home was broken into, online accounts were all hacked, mail (including bank statements, tax returns & insurance papers) were stolen, and thousands of dollars in fraud and identity theft crimes were committed against me and my elderly parents. I have been trailed by creeps with black-tinted windows ever since. To this day, I am a target of a terror campaign launched against one woman, and I am really sick of these creeps. I don't want to live in a fascist police state! What do they think this is, Nazi Germany? Somebody even scratched a Nazi symbol on my 69-year-old father's vehicle. This is not the middle ages. It is not okay to burn a woman at the stake, stalk and terrorize her, especially not if you took a professional oath to "protect and serve." The local cops laughed at me when I went to them for help. I am just one woman, but I am strong. I learned the hard way that a woman alone in the world is too easy a target. I need some protection of my privacy & constitutional rights, as they are being violated every day. All of my online accounts have been hacked, and my phone doesn't work half the time, but you can try to reach me by telephone if you wish to do so. Or you can write me a letter. I would prefer to meet with you in person, for obvious reasons. I refuse to be intimidated by these creeps. This is a democracy, and I will continue to fight for my basic civil liberties for as long as I live and breathe. Somebody has to, right? Will you please take my case? If these creeps want war, I am willing to fight, even if I have to take out a legal tort against each and every one of them. I have the right to feel safe in my own home, to not be the victim of illegal surveillance, identity theft, mail theft, and violation of my basic civil liberties, including community mobbing by jerks who evidently know the corrupt police officers in that small town. My mom, who is a registered nurse, believes the criminals also drugged me in the "sanctity" of my own home, because I had all the symptoms of being drugged, including dry mouth, insomnia, profuse sweating, anger, confusion and fear. The fear is understandable, considering the fact that that cop's cousin threatened to cut my body up and burn it. But the rest is not, and the fact that the local cops smirked at me when I went to them for help speaks for itself. They were trying to suggest I was crazy, but the fact is, they drugged me, stole from my family, and violated my privacy to the extent that my family was afraid they might kill me if I stayed there in my own home. This is not Nazi Germany. This is the United States of America, and I have a right to feel safe in my own home. I want to fight back. Please help.
Danielle Post
Hi Heather, I wanted to let you know that, for your privacy and security, I’ve removed your personally identifiable information from this post. I'm also terribly sorry about the situation you're dealing with -- I would recommend locating an attorney using Avvo's Legal Directory. You can search by practice area as well as location to find one close to you. Avvo profiles contain an attorney’s experience as well as client and peer reviews. Many offer free consultations, so be sure to ask if you decide to contact them on your own or through Avvo. Here’s the link to get started on your search: http://www.avvo.com/find-a-lawyer I hope this is helpful. Kindly, Danielle