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One-Party Consent
All-Party Consent
Mixed Consent

Video Surveillance Laws by State 2024

Video Surveillance Laws by State 2024

State laws regarding video surveillance have to be consistent with the Constitution's Fourth Amendment. 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.

What are the rules for video surveillance?

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 willingly enter a place where signs are posted stating that surveillance is taking place.

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.

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.

What States Allow Video Surveillance?

There are 15 states that have laws specific to video surveillance. For example, California law makes it illegal for anyone to record videos of communications that are confidential.

A small group of states, Tennessee, Utah, New Hampshire, Maine, Kansas, South Dakota, Delaware, Arkansas, and Michigan, prohibit video surveillance or the use of hidden cameras in all places where someone has a reasonable expectation of privacy unless you have obtained consent from people being filmed. Hawaii also requires consent when installing security cameras. On the other hand, Florida, Alabama, and Minnesota allow hidden video surveillance in non-private settings.

Forms of surveillance consent

Laws regulating surveillance and recording typically require one of two forms of consent: one-party consent or all-party consent. In states with one-party consent, a conversation may be recorded so long as at least one of the parties participating in the conversation consents to it. By comparison, in states with all-party consent, every person participating in the conversation must give their consent in order for the conversation to be legally recorded.

Consent requirements and guidelines are often variable. Many states apply consent requirements in private places, where individuals have a reasonable expectation of privacy, but remove those requirements in public places where privacy has been voluntarily forfeited. Also, the definition of consent can vary significantly from one state to another.

Video Surveillance Laws by State 2024

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State
Video Surveillance Laws
Notes
AlabamaOne-Party Consent
According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one ...
AlaskaOne-Party Consent
Alaska's highest court has specifically held that the eavesdropping statute is only in place to addr...
ArizonaOne-Party Consent
Consent is required to record conversations in which there is a legal expectation of privacy, though...
ArkansasOne-Party Consent
Ark. Code Ann. § 5-60-120 Consent is required to record conversations in which there is a legal expe...
CaliforniaAll-Party Consent
It is a criminal offense to use any device to record communications, whether they’re wire, oral or e...
ColoradoOne-Party Consent
In Colorado it is a criminal offense to use any device to record communications whether it’s wire, o...
ConnecticutAll-Party Consent
Connecticut can be considered as both a one party state and two party state. This is because there a...
DelawareAll-Party Consent
It is a criminal offense to use any device to record communications, whether they are wire, oral or ...
District of ColumbiaOne-Party Consent
In D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral ...
FloridaAll-Party Consent
In D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral ...
GeorgiaOne-Party Consent
In Georgia it is a criminal offense to use any device to record or disclose communications, whether ...
HawaiiOne-Party Consent
Hawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal of...
IdahoOne-Party Consent
Idaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offe...
IllinoisAll-Party Consent
In Illinois, it is a criminal offense to use any device to record communications, whether they’re wi...
IndianaOne-Party Consent
In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or ...
IowaOne-Party Consent
KansasOne-Party Consent
KentuckyOne-Party Consent
LouisianaOne-Party Consent
MaineOne-Party Consent
MarylandAll-Party Consent
Maryland’s Wiretapping and Electronic Surveillance Act stipulates that it is a two-party consent sta...
MassachusettsAll-Party Consent
MichiganAll-Party Consent
MinnesotaOne-Party Consent
MississippiOne-Party Consent
MissouriOne-Party Consent
MontanaAll-Party Consent
Requires notification only
NebraskaOne-Party Consent
NevadaOne-Party Consent
New HampshireAll-Party Consent
New JerseyOne-Party Consent
New MexicoOne-Party Consent
New YorkOne-Party Consent
It is a criminal offense to use any device to record, obtain, share or use communications, whether t...
North CarolinaOne-Party Consent
North DakotaOne-Party Consent
OhioOne-Party Consent
OklahomaOne-Party Consent
OregonMixed Consent
Oregon Law is mixed. For in person oral recordings it is required to have consent from all parties, ...
PennsylvaniaAll-Party Consent
Rhode IslandOne-Party Consent
South CarolinaOne-Party Consent
South DakotaOne-Party Consent
TennesseeOne-Party Consent
TexasOne-Party Consent
UtahOne-Party Consent
VermontOne-Party Consent
Vermont does not have an official law related to call recording, so Federal Law applies. This makes ...
VirginiaOne-Party Consent
WashingtonAll-Party Consent
West VirginiaOne-Party Consent
WisconsinOne-Party Consent
WyomingOne-Party Consent
showing: 51 rows

Video Surveillance Laws by State 2024

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