Are Hidden Nanny Cams Actually Legal?

Whether they’re on our phones, computers, subway platforms or streets, cameras are practically everywhere – even in many peoples’ houses. 

Even though we’re rarely sure who will catch someone in the act, the chances are pretty good that the act is being captured by a camera.

A hidden “nanny cam” recorded a Westchester man as he tried to take inappropriate photographs of a child.  Another nanny cam in Brooklyn caught a baby-sitter in the act of abusing a 6-month-old girl. 

While the use of nanny cams in homes is on the rise, do they represent an invasion of your privacy?

Is It Legal to Install a Nanny Cam in a Home in New York?

Yes, residents in New York have the legal right to install hidden nanny cams in their homes. 

Keep in mind that New York is a one-party state. This essentially means that as long as at least one party is aware of the recording, it’s legal. 

Even if you’re not told about the existence of a nanny cam, you should always assume you’re on camera when in someone else’s home.

Although they’re legal, there are some restrictions with the use of nanny cams.

  • No one has the right to record you when you expect a reasonable amount of privacy. While most nanny cam users will install the camera where their child, elderly parent, or pet spends most of their time, they do not have the right to record you in the bathroom, for example. Likewise, if you’re in a live-in employment situation, your living quarters should be off limits to hidden cameras. 
  • The camera must be used for reasonable purposes. It’s one thing to monitor your interactions with someone’s child. It’s completely different – and potentially illegal – when the camera is used to publicly share private matters.
  • The footage and audio cannot be used for blackmail purposes. Even if the footage and audio was recorded legally, the owner essentially waives their rights if they attempt to engage in criminal behavior. 

Although homeowners have the legal right to use a hidden nanny cam, installing one can also lead to a breach of trust between a parent and their babysitter.

What Is A Nanny Cam?

Also known as “spy cams” and “hidden cameras,” nanny cams are very small cameras popular for use in homes, apartments and offices. In addition to stand-alone models, many nanny cams are made to resemble other objects or hidden within others, like the face of a clock, a doll’s eye, etc.

Some nanny cams will store their recordings on a memory card, while many of the newer models enable the owner to monitor the room in real time through wireless streaming. 

Are Hidden Cameras Legal in an Office?

Yes. However, just as with nanny cams in a residence, such cameras in an office setting must be for legitimate purposes only. 

This can include security issues or productivity concerns. You cannot be recorded in a space where you should enjoy a reasonable amount of privacy (locker room, bathroom, etc.).

Can Nanny Cams Be Used in New York Nursing Homes?

It’s understandable to want to keep an eye on the level of care for an elderly loved one in their nursing home. However, New York law neither permits nor prohibits the use of hidden cameras in nursing homes.

In other words, it’s usually up to the owners and managers of the facility to allow or deny the use of such cameras. Most do not allow them because of privacy concerns of other residents. 

What Can I Do If I Find Out My Employer Illegally Recorded Me? 

If you feel your privacy has been invaded, you may be able to sue your employer for unlawful surveillance. 

Just last year, a New York nanny took legal action after she discovered a hidden camera over the sink in a guest bathroom – the very room in which she changed clothes while working. The camera had been disguised to resemble an iPhone charger.

The nanny removed the camera’s memory card, took it to police and filed charges.

What Are the Penalties for Illegal Surveillance with a Nanny Cam?

If the owner violated your privacy by recording you in a bathroom or changing area, broadcast the footage without your knowledge, or recorded intimate exposed body parts, they could be charged with unlawful or illegal surveillance. 

This is considered a felony and carries a seven-year prison sentence. They could also be liable for money damages in a civil claim.

If you feel your privacy has been illegally violated with a hidden nanny cam, a skilled attorney is the best person to help you decide whether to take legal action. 

Comments

Post a Comment

Popular posts from this blog

What’s in Your Kitchen?  Whoopie Pies, Drinks, Raisins, and Chickpea Salad

What’s in Your Kitchen? MakeFoodSafe.com would like to help you keep your family safe from unsafe foods.  Each week we bring together a list of the current recalls.  Some recalls are issued due to undeclared allergens, which could cause serious or life-threatening allergic reaction if someone sensitive to the product consumes it.  Other recalls are issued due to contamination with harmful material or other health risk.  Check back often and evaluate your fridge, pantry, and shopping list to make sure you can identify which foods to avoid. Stewart’s Shops Corp Recalls Cranberry Apple Refresher Due to Undeclared Allergen Stewarts Shops Corp of Saratoga Springs, New York issued a recall on October 17, 2018 for their approximately 2,300 units of Cranberry Apple Refresher due to the undeclared allergen, milk.  Those with an allergy or severe sensitivity to milk risk serious or life-threatening allergic reaction if the product is consumed. The recall was initiated...
Read more

Injury Data Reveals Infrastructure Need for E-Scooter Riders in NY

The uptick in electric scooter riding in New York City has come with a slew of complications, including a rising number of scooter-related injuries . New York City leaders and scooter company officials alike are weighing their options for creating a safer transit environment for these e-scooters. One recent report suggests that the most promising option is to create more third-lane, or bike lane, options for electric scooters. This report, compiled by the Insurance Institute for Highway Safety (IIHS), found that most people who are injured in scooter accidents were riding on a sidewalk at the time of their accident. Their research suggests that scooter riders often do not feel safe enough to share the road with cars, so they opt for using sidewalks when bike lanes are not available. While this may keep scooter riders safe from colliding with vehicles, it puts pedestrians who use sidewalks at a greater risk. The data show that three out of every five scooter riders who were injured s...
Read more

Food Safety Better at Fast Food or Full-Service Restaurants?

When you go out to eat, there is a level of trust you are putting in the hands of the people who are preparing your food.  There are regulations in place, health department inspections, and a cleanliness factor you expect of a food establishment.  But the bottom line is, a large number of foodborne illnesses occur as a result of eating at a fast food or full-service restaurant establishment.  According to the FDA Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full Service Restaurants, 2013-2014, prepared by the FDA National Retail Food Team, “Consumer demand for food away from home has led to increased spending in both fast food and full-service restaurants.”  According to the study, there are over one million restaurants employing more than 14 million food service workers. So, food safety as it related to fast food and food service is a thing. Food borne illness is serious.  According to the Center for Disease Control and Preventi...
Read more