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Home > Exploring the potential legal issues that may result from using a built-in microphone in CCTV applications
February 15, 2007
By: Lynn Bryant
Since the use of video surveillance technology is
becoming more and more widespread, the question of legal
concerns over improper use must inevitably be faced. If you
are considering using a covert video surveillance system or
a built-in microphone in CCTV equipment, the question
becomes even more crucial. We will seek to explore some of
the legal issues you will need to consider if you own or
operate a covert video surveillance system or even a closed
circuit television system that contains a built-in
microphone device.
Before we begin, it is important to note that the laws on
the use of video surveillance and audio recording devices
vary by state. Before you move forward with operating a
closed circuit television system, or any surveillance
microphone device, it is critical that you first verify
laws about the use of hidden microphones in your state.
Doing a little research before you ever install your video
surveillance equipment will protect you from potential
costly legal claims against you.
Now let us consider some of the specific legal concerns
you should consider before you install a covert video
surveillance system or any recording equipment containing a
microphone device of any kind.
- Recording private conversations is often considered
eavesdropping or wiretapping -- A private conversation
for purposes of this discussion is considered any
conversation of which you are not a part. Some states
allow recording of a conversation if one of the parties is
consenting. However, if you are using a microphone device
on a covert video surveillance camera to eavesdrop on
private conversations between other parties, you could be
held legally liable for eavesdropping.
- Covert video surveillance is only a crime if
conducted in areas where privacy can reasonably be
expected -- Generally speaking, it is not a crime to
operate a covert video surveillance camera. It is however
a crime if you use that same video camera to record video
footage in areas where an individual has a right to expect
privacy. These can include bathrooms, bedrooms, dressing
rooms, etc. As a general rule of thumb, if an area is
accessible by the general public, covert surveillance is
not considered an invasion of one's privacy.
- If you are going to be operating a covert
surveillance camera, use a camera that does not have a
built-in microphone -- If you choose to operate a
covert video surveillance camera, make sure you do so
without using a built-in microphone device. As already
mentioned, it is illegal in many states to record the
private conversations of individuals. However, it may be
legal to perform covert video recording of those same
individuals as long as you are doing so in a place that is
considered a public place. Because of the potential legal
ramifications of covert audio recording devices, many
companies will not even sell covert video surveillance
cameras that contain built-in microphones.
The information and links to external websites provided
in this article are for informational purposes only, and
should not be taken as any kind of legal advice or counsel
on the matter. Before you install any surveillance device,
you will need to do your own investigation and inquiry into
the specific laws of your state.
About the Author
Lynn Bryant is a successful freelance writer and
contributor to Video-Surveillance-Guide.com. Your
definitive guide to video surveillance equipment, CCTV
cameras and wireless security systems for home and business.
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