Video Surveillance Laws By State 2020

How do states regulate video surveillance?

State laws regarding video surveillance have to be consistent with the Fourth Amendment of the Constitution. Under the amendment, people cannot be surveilled without their consent in places where they have a “reasonable expectation of privacy,” such as within their homes or hotel rooms, in bathrooms, locker rooms, changing rooms, in doctor’s or lawyer’s offices, or when speaking with a therapist or minister. However, there is no reasonable expectation of privacy when a person is on public roadways or in areas where the public is generally present, such as malls, stores, offices, or on public transit. People can be surveilled in these places without their knowledge or consent.

States take two approaches to laws regarding video surveillance. A small group of states such as Alabama, Utah, and Minnesota prohibit video surveillance or the use of hidden cameras in all places where someone has a reasonable expectation of privacy. However, most states permit video surveillance in private places if the person being filmed consents to the surveillance. Generally, all that is required to give consent is to enter a willingly enter a place where signs are posted stating that surveillance is taking place. However, in all 50 states, unauthorized video surveillance for “malicious” or “unlawful” purposes is prohibited and in most states is a felony if it is done for purposes of sexual gratification—so-called “peeping tom” laws.

Homeowners are also permitted to use video surveillance systems to film their own property without requiring consent from those entering their homes. And there is no prohibition on employers using cameras to surveil their employees—the exception being that they can’t video or record employees engaged in union organizing activities, since that is a violation of federal labor laws.

Video Surveillance Laws By State 2020

Source:
State 2020 Pop.
Alabama4,908,620
Alaska734,002
Arizona7,378,490
Arkansas3,039,000
California39,937,500
Colorado5,845,530
Connecticut3,563,080
Delaware982,895
Washington DC720,687
Florida21,993,000
Georgia10,736,100
Hawaii1,412,690
Idaho1,826,160
Illinois12,659,700
Indiana6,745,350
Iowa3,179,850
Kansas2,910,360
Kentucky4,499,690
Louisiana4,645,180
Maine1,345,790
Maryland6,083,120
Massachusetts6,976,600
Michigan10,045,000
Minnesota5,700,670
Mississippi2,989,260
Missouri6,169,270
Montana1,086,760
Nebraska1,952,570
Nevada3,139,660
New Hampshire1,371,250
New Jersey8,936,570
New Mexico2,096,640
New York19,440,500
North Carolina10,611,900
North Dakota761,723
Ohio11,747,700
Oklahoma3,954,820
Oregon4,301,090
Pennsylvania12,820,900
Rhode Island1,056,160
South Carolina5,210,100
South Dakota903,027
Tennessee6,897,580
Texas29,472,300
Utah3,282,120
Vermont628,061
Virginia8,626,210
Washington7,797,100
West Virginia1,778,070
Wisconsin5,851,750
Wyoming567,025