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Are Hidden Nanny Cams Legal?

By Arthur Plotkin

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Republish: EasyPublish
Published: 31Dec2009
Word count: 498
Viewed: 450 time(s)
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If you leave your children with a nanny or babysitter, you may be tempted to keep an eye on your babysitter while you're away - particularly if your child(ren) are young and still unable to tell you what happens when you're not home. Nanny cams are available in a variety of styles and types so that they go virtually undetected. Often, cameras are designed to look like other, every day objects like air fresheners, lamps, radios, or mirrors.

Some parents are concerned whether or not a hidden camera in the home is legal. Could your babysitter sue you for recording him or her? The answer depends on a number of details, but most of the time a camera used to record your babysitter's behavior is legal.

Audio and Video

If your spy camera records audio in addition to video images, some jurisdiction's laws state that you must have consent of one or both of the parties being recorded. In most cases, you would be able to provide consent for your minor children to be recorded. Check your local wiretapping and eavesdropping laws to ensure that your nanny cam is within regulations.

Use Camera for Monitoring Rather than Investigation Purposes

One easy way around this is to simply put the camera in plain view and let your child care provider know that you will be recording his or her and their interaction with your children when you hire them. Have them sign a form that states they are aware they are being monitored so they cannot bring a lawsuit about it in the future and for individuals who do not have intentions of doing anything wrong, a nanny cam should not discourage people from caring for your children. Most sitters will not object to being monitored when they are aware of it; but may feel offended if you do it secretively and then they find out about it.

Many families wait until they have reason to suspect their child care provider is harming their children in some way before installing a camera. It makes more sense to keep a camera in the home to monitor the situation from the start.

Hidden Cameras

As long as a camera is not situated in a room where the babysitter would have a 'reasonable expectation of privacy', such as the bathroom, or his or her bedroom if the sitter lives in your home, the camera is most likely legal.

Using nanny cams as surveillance of your home and children is legal in every state of the US provided it is not done in the nanny's bedroom or the bathroom. Recording with sound may pose a few challenges for legality that you will want to verify with your local government just to be on the safe side - but all surveillance equipment is legal if your babysitter is aware the equipment is in place. It's up to you to decide how you would like to monitor your child care provider's interaction with your child(ren).

J. Arthur Plotkin is a self-defense and surveillance enthusiast. For newsletters and more articles sign up at http://www.selfdefensemarketplace.com "if you cannot defend someone, help them defend themselves." For surveillance technology articles and tips go to http://www.surveillancemarketplace.com "should have, could have, would have; knowledge is power".

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