Published
Each state is a little different. Some are okay as long as one of the parties has consented. Others require consent from all parties. If the clinic posts a sign on the door stating they have surveillance, they're probably covered because by entering the facility, one would be giving consent.I thought audio surveillance was against the law everywhere...?
Video recordings are not illegal...in general.....they are illegal in areas where the assumption of privacy is present like batherooms, changing rooms and locker rooms....without permission.
This is a general guideline.
Most states and the federal government restrict "voice recordings". "You" are free to videotape anywhere the human eye can see, with the exception of areas that are deemed to have an "expectation of privacy" such as the bathroom and the nanny's/nurses private bedroom(live in). Many camera come without sound to prevent you from accidentally recording conversation.The general rule is "you must have permission to record conversation, some states require consent of both parties (Calif) while other states require only the permission of one of the parties to the conversation.....in taping voices/conversations.
It is however, legal in all 50 states to use a hidden camera. However, it is ,illegal to record speech without a person's consent in the following 16 states: Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, New Jersey Pennyslvania,California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, and Washington
Some General Guidelines on video surveillanceIn general, most video recordings are legal in the U.S. with or without consent. Laws do exist regarding "Invasion of Privacy" which deals with the area of expected privacy. These include areas such as bathrooms, locker rooms, changing/dressing rooms, bedrooms and other areas where a person should expect a high level of personal privacy.While the majority of laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved, it is highly recommended that you consult with your local or state law enforcement or an attorney who specializes in this area to comply with all local and regulations prior to utilization of video surveillance and monitoring.Hidden Camera LawsThe laws of 13 states expressly prohibit the unauthorized installation or use of cameras inprivate places. A private place is one where a person may reasonably expect to be safe from unauthorized surveillance, locker rooms, restrooms etc. Several states have laws prohibiting the use of hidden cameras in only certain circumstances, such as in locker rooms or restrooms, or for the purpose of viewing a person in a state of partial or full nudity.Alabama, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, South Dakota, and Utah also prohibit trespassing on private property to conduct surveillance of people there.In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law.Covert video surveillance is illegal when:The subject has a reasonable expectation of privacy (4th Amendment rights) i.e. in a bathroom; motel room; changing roomIf audio eavesdropping is also taking place, covert surveillance may be illegal when:The person with authority over the premises has not consentedThe reason for the video surveillance fosters an illegal purposeCCTV Surveillance camera Laws.
meko
6 Posts
My dialysis clinic is in the process of placing video and audio surveillance cameras in various areas, including in patient areas and in our MD / Fellows office and where we see our home patients for clinic on a monthly basis. Is this legal? The clinic is in Chicago IL. We have had no discussion or notice that informs us of how it will be used and who has access to the monitoring. The only comment being "Now I can watch you from home." This was instituted due to theft, but we are a small company and everyone already knows the thief.