Are Nanny Cams Legal?

All parents wonder how the nanny treats the baby after they leave. Parents considering installing a nanny cam may question the legality of secret filming. Footage obtained illegally cannot be used in a court of law and could result in criminal charges.

  1. Federal Laws

    • According to federal law, hidden cameras or "nanny cams" may legally record in public areas of a residence. However, nanny-cam recording may not take place in rooms where a person holds an "expectation of privacy." These areas include bathrooms and personal bedrooms, if the nanny resides in the household.

    State Statutes

    • The First Amendment Handbook website reports that 13 states enforce laws that prohibit nanny cams in areas of expected privacy: Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota and Utah. Statues in several other states forbid nanny cams in areas where a person would be recorded in full or partial nudity.

    Warning

    • Nanny cams cannot record audio. According to federal law, only law enforcement may record audio in a covert manner. Therefore, no one except law enforcement may purchase a hidden camera or nanny cam that records audio.

    • The process of choosing a babysitter to care for your child might involve a lot of unknowns; these unknowns include how well the babysitter will get along with your child and whether the sitter will provide the level of care you expect. One of the mo
    • Unlike the 1950s and before, more mothers than ever are working and most households have two incomes. There are options for childcare outside of being a stay-at-home mom, and one of them is hiring a nanny to live with you and your family.
    • When you hire someone to care for your children in your home, you trust that this person will take care of your precious little ones. If doubt creeps into the picture, it may be time to refocus with a nanny cam. A nanny cam hides undetected in your h