While you’re allowed to record video in your home everywhere in the US, things get complicated when you add audio into the mix.
Nanny cams are illegal when . . .
If you’re going to set up a nanny cam in your home, hidden or otherwise, don’t put it in areas where your nanny or anyone else has a reasonable expectation of privacy like bathrooms or bedrooms.
Every state except Vermont has laws on the books about recording audio.
If you’ve ever heard “this conversation may be recorded for quality assurance purposes” before a phone call, that disclaimer comes from these same laws.
If you live in any of these 11 states, you need consent from your nanny or anyone else to record audio in your home. This can be a sign, a line in your nanny’s contract, or a simple conversation.
- New Hampshire
The other 38 states are considered one-party consent states, meaning only one person needs to give consent before recording audio. This can be you, as long as you’re one of the people being recorded.
If you’re in a situation where your recordings need to stay secret, stick to recording video without sound and in a public area of your home.
These rules aren’t just about your relationship with your kids’ caretaker. If you don’t follow the laws in your area, any footage you record might not hold up in court, or worse, the person on camera could sue you.