Latest news with #privacyLaws
CNET
12-06-2025
- CNET
Can You Legally Record Audio or Video on Your Security Camera? I Focus on These Rules
If you're thinking about installing a new security camera in your home, a legal question appears: Is it legal for you to record audio and video anywhere you want in your home? Are there limitations or the possibility of lawsuits from your neighbors? This is something I've thought about a lot as I've tested security cameras in all parts of my home for years. Owners must know when and where it's legal to record everything from their front yard and streets to friends, babysitters, and pet sitters. Breaking privacy laws could lead to fines, lawsuits and other huge headaches. I've gathered all the details below so you'll understand what to avoid and what's safe to do. Let's start with a key rule, the expectation of privacy. Read more: Want Better Home Security? Never Put Your Cameras in These Spots Public vs. private surveillance Common sense about privacy can keep you out of a lot of trouble. Lorex/Amazon First, let's talk about the most important rule when recording video (anywhere). The standard that the courts have widely adopted is called the "reasonable expectation of privacy" and it's very, very important. You can generally set up security cams in your home as you please, but you can't interfere with someone's reasonable expectation of privacy. In practice, that comes down to how people tend to use rooms. Surveilling living rooms, entryways, kitchens or dining rooms is fine because those rooms are more "public" spots used by everyone in the house and are generally highly visible. However, setting up a cam to record video in a bedroom, bathroom or changing room is usually considered illegal without explicit consent, even in your own home. People expect a higher level of privacy in these areas and the law agrees. Minor/dependent limitations also apply: Parents can monitor their baby's bedroom, for example. But when in doubt, apply the rule of a reasonable expectation of privacy. If you do need cams in more private areas, consider disabling them when guests are over. The expectation of privacy is even more important if neighbors are pointing security cameras at you. No one can film you without your permission on private property, like filming your backyard or through your windows. One vs. two-party consent Audio privacy laws are particularly strict if you want to save camera audio conversations. Luis Alvarez via Getty Now let's turn to the big rule in audio recording, which is your local consent laws. Because of the Federal Wiretap Act and similar legislation, states are divided into one-party and two-party/all-party consent laws. In a one-party consent state such as Colorado, Tennessee or Texas, one side of the conversation needs to give consent to be recorded, which makes it legal to record telephone calls you are part of and (in theory) two-way audio conversations you have through a camera. In two-party consent states such as California, Florida or Michigan, both or all sides need to give their consent to have their conservation recorded. It is never legal to record a conversation where no one is giving consent. This consent is usually a verbal affirmation at the beginning of a call or a separate acknowledgement that consent was given. Justia has a guide breaking down the rules by individual state where you can find more information. Four tips to record video in your home Video recording is legal in your home as long as you respect privacy. Lorex/Amazon Let's break down video capture, a primary goal of installing a security camera in your home. Today's cameras use motion detection and frequently have video storage options to automatically save video clips -- both to local storage and the cloud -- when they see people. These steps will help you know what to do. Step 1: Review your state laws Laws about surveillance can vary by state, so if you want to stay safe you need to start by looking up the laws in your own state. State websites, local law firms and others will often summarize these laws for you to save time. Here's a breakdown of California's law as an example. States may have specific laws about hiding security cameras, how you can use security camera recordings in court and if you need permits for specific kinds of security cameras. A few minutes of reading up can give you important parameters to follow. For example, the California law mentioned above has specific language about "intent to invade privacy" and intent to view "the body or undergarments" that can help clarify what's not allowed. Step 2: Follow the 'reasonable expectation of privacy' Don't record video in any area where people expect privacy. Keep recordings focused on common areas such as entryways, porches and primary rooms. Step 3: (For renters) Let the owner know about cameras Property owners broadly have the right to install security cameras on their private property, including inside homes that they own. They don't usually need a permit, either. If you aren't the property owner, the law gets less comfortable with you recording video. When renting, contact the owner of the property if you want to install a security camera and notify them, getting written permission if possible. Sometimes leases will have more specific information on who is in charge of security systems, while other leases have more leeway. Tenants usually have the right to install their own security cameras to watch over the personal space they're legally renting. But letting the owner know can precent future issues. Step 4: Notify guests about cameras, including short-term rentals If you have guests over, hire a nanny or have a friend staying over for a couple of weeks, let them know that you have security cameras, no matter where they are. It's polite and it avoids any chance you could be accused of hiding cameras and recording without consent. Important note: Other regulations can apply in certain circumstances. The best example is Airbnb, which in March 2024 banned all use of indoor security cameras (video doorbells, etc. should still be fine) by Airbnb hosts. Previously, Airbnb had allowed the use of indoor cams in some regions as long as guests were notified. The rules changed -- which is why it's important to look up the details if you aren't sure about the law. Four tips to record audio in your home Apps often offer ways to record or disable audio. Lorex/Amazon Audio recording is a different beast than video recording: It has more legal implications and is traditionally used often as evidence in courts. When audio is involved, people have extra protections. Our rules will help you stay within the bounds of the law. Step 1: Review your state laws (but even closer this time) Find out if your state is a one-party or two-party consent state and check if it has any specific language about recording audio, wiretapping and similar situations. Step 2: Exercise caution if your cam can record audio Camera apps often allow you to record audio -- if you have a Ring Protect plan, for example, you can usually record and download video and audio from a Ring doorbell, then keep it or share it with others. Eufy also gives you the option to record audio when a video is recorded. But recording audio without consent risks crossing an audio law red line, even if it's automatic. It's often up to users to go into apps and disable audio functions for legal safety. Even if a home cam theoretically saved incriminating audio, it might not be usable in court and could lead to countersuits or other problems. Step 3: Get or give consent for any recording If you really want to record audio, find a device that can do it and make sure people are giving consent to be recorded. We suggest getting permission from both sides of a conversation even in one-party consent states, just to stay safe and polite. That's how phone interviews are conducted, for example. Step 4: Avoid false pretenses when recording someone Federal law prohibits recording conversations with criminal or malicious intent and many state laws confirm that with similar wording. Avoid any accidental appearance of blackmail or similar scheming. That includes any effort to try to trick someone into having a certain conversation or saying certain words, or pretending to be someone you aren't while talking to another person. What about outdoor security cameras? Privacy laws apply to outdoor cams too, with a couple of extra considerations. Arlo/Amazon Outdoor security cameras are still on your property (or they should be) and they typically fall under the same laws as indoor cameras. As long as security cameras generally face public spots -- the front of your home, sidewalks and streets -- they fall well within the law. If you're the owner, you have the right to film your backyard and other parts of your property, too. However, you cannot film areas where other people have a reasonable expectation of privacy. That means you cannot film a neighbor's backyard or angle a camera so that it can record through their windows. Many cameras have privacy zones and other tricks you can use to avoid even the appearance of spying on someone. The same rules for audio also apply to outdoor cameras. You'll need one-party or two-party consent to record conversations. Security companies skip that hassle by only allowing live audio. That's why you can talk through your video doorbell, for instance, but can't set it up to record conversations. Finally, if you are renting, make sure to stop by our guide on the best security devices and tips if you're living with roommates, which can create another set of headaches when people start encroaching on your personal space.
CTV News
05-06-2025
- Politics
- CTV News
New Zealand PM floats privacy laws after staffer accused of filming women
New Zealand's Prime Minister Christopher Luxon is seen at Hyde Park Corner in London, U.K., Wednesday, April 23, 2025. (AP Photo/Kin Cheung) Wellington, New Zealand -- New Zealand's prime minister floated new privacy laws on Thursday after his own press secretary was allegedly caught taping sex workers without consent. Senior aide Michael Forbes resigned after a local news outlet alleged he covertly recorded audio of sessions with sex workers and secretly photographed women at the gym. Prime Minister Christopher Luxon said he was 'shocked' -- but it was unclear whether Forbes had broken the law. 'If you're a New Zealander you ask quite legitimate questions about how does this behaviour happen, and is it legal or illegal,' he told reporters on Thursday. 'I have that same reaction to it as well.' Luxon flagged new privacy laws could be drafted to clear up the legal grey area. Forbes -- who was Luxon's deputy chief press secretary -- apologized in a statement sent to media. 'I want to offer my sincerest apologies to the women I have harmed,' he said. The scandal came to light after a sex worker noticed Forbes's phone was recording audio while he took a shower, according to an investigation published Wednesday by New Zealand news outlet Stuff. Forbes phone was then found to contain photos of women in compromising positions at the gym, and a video shot through a window showing women getting dressed at night, Stuff reported. 'In the past, I was in a downward spiral due to unresolved trauma and stress, and when confronted with the impacts of my behaviour a year ago, I sought professional help, which is something I wish I had done much earlier,' Forbes said in a statement. 'What I failed to do then was make a genuine attempt to apologize.' By Ben Strang, AFP
The Guardian
05-06-2025
- Health
- The Guardian
New Zealand PM mulls privacy laws after aide ‘secretly recorded sex workers'
New Zealand's prime minister has suggested introducing new privacy laws after his deputy press secretary was allegedly caught making audio recordings of sex workers without consent. Michael Forbes, a senior aide, resigned after the local news outlet Stuff alleged he covertly recorded audio of sessions with sex workers and secretly photographed women at the gym. The prime minister, Christopher Luxon, said he was 'shocked' by the news – but it was unclear whether Forbes had broken the law. 'If you're a New Zealander you ask quite legitimate questions about how does this behaviour happen, and is it legal or illegal,' he told reporters on Thursday. 'I have that same reaction to it as well.' The manager of a Wellington brothel where the recordings allegedly took place told the broadcaster RNZ that privacy laws needed overhauling when it came to recording people without their knowledge. 'This is an issue for all women. Women are being recorded, photographed, filmed without their consent or knowledge and heaven only knows where it's ending up. This is the main issue and that's what needs to be focused on.' Luxon said new privacy laws could be drafted to clear up the legal grey area. 'I'm open to looking at our settings again as we go through this experience. We have a series of laws, whether it's the harmful digital bill, whether it's the privacy laws, or now new stalking laws, but we're open to looking at that further as well,' he said. The incidents were investigated by police but did not lead to any charges, Luxon said, and occurred after Forbes had been vetted to work for the social development minister, Louise Upston. Forbes had an obligation to declare those incidents to the prime minister's office 'because it impacts the office and the reputation of the office, for obvious reasons', Luxon said. 'But that didn't happen.' In a statement to RNZ, DI John Van Den Heuvel, the Wellington district manager of criminal investigations, said police also found 'a number of photos and video of women in public spaces, and what appears to be women in private addresses, taken from a distance away'. Police considered the available evidence and concluded it did not meet the requirements for criminality, and therefore charges could not be filed, he said. 'The individual concerned voluntarily spoke with police and admitted to taking the images and recordings. He was reminded of the inappropriateness of his behaviour and encouraged to seek help,' he said. Forbes deleted the images in the presence of police. Police were unable to progress the matter further, but should any new information arise, it would be 'thoroughly considered', Van Den Heuvel said. The police commissioner, Richard Chambers, told the media on Thursday the Department of Internal Affairs would conduct a 'deep dive' into what had happened. Chambers said the allegations were 'obviously very concerning' but did not believe police had erred by not charging Forbes. 'I have faith in the decisions that have been made based on the [information] that's been available to the investigation team or district crime manager in Wellington,' he said. Forbes, a former journalist who became Luxon's deputy chief press secretary in February, apologised in a statement sent to the media. 'I want to offer my sincerest apologies to the women I have harmed,' he said. 'In the past, I was in a downward spiral due to unresolved trauma and stress, and when confronted with the impacts of my behaviour a year ago, I sought professional help, which is something I wish I had done much earlier. 'What I failed to do then was make a genuine attempt to apologise. Instead, I tried to move on without offering those I had harmed the acknowledgment, accountability, or amends they deserved. I recognise how wrong that was.' 'I understand that my past actions may have undermined the trust people place in me. So I have resigned from my job to focus on the work I need to do.'
Malay Mail
05-06-2025
- General
- Malay Mail
NZ PM mulls privacy law shake-up after aide accused of filming women
WELLINGTON, June 5 — New Zealand's prime minister floated new privacy laws on Thursday after his own press secretary was allegedly caught taping sex workers without consent. Senior aide Michael Forbes resigned after a local news outlet alleged he covertly recorded audio of sessions with sex workers and secretly photographed women at the gym. Prime Minister Christopher Luxon said he was 'shocked' — but it was unclear whether Forbes had broken the law. 'If you're a New Zealander you ask quite legitimate questions about how does this behaviour happen, and is it legal or illegal,' he told reporters on Thursday. 'I have that same reaction to it as well.' Luxon flagged new privacy laws could be drafted to clear up the legal grey area. Forbes — who was Luxon's deputy chief press secretary — apologised in a statement sent to media. 'I want to offer my sincerest apologies to the women I have harmed,' he said. The scandal came to light after a sex worker noticed Forbes's phone was recording audio while he took a shower, according to an investigation published Wednesday by New Zealand news outlet Stuff. Forbes phone was then found to contain photos of women in compromising positions at the gym, and a video shot through a window showing women getting dressed at night, Stuff reported. 'In the past, I was in a downward spiral due to unresolved trauma and stress, and when confronted with the impacts of my behaviour a year ago, I sought professional help, which is something I wish I had done much earlier,' Forbes said in a statement. 'What I failed to do then was make a genuine attempt to apologise.' — AFP
The Sun
29-05-2025
- General
- The Sun
Why can't the Liverpool parade suspect be named? Dad-of-three businessman held over ‘rampage' which injured 79
Jamie Phillips, Assistant News Editor Published: Invalid Date, THE Liverpool parade suspect has been in custody since 79 fans were injured during celebrations in the city on Monday. The suspect, a 53-year-old white British man, is believed to be a dad-of-three businessman who ran a now-dissolved firm. 5 5 5 He is being held on suspicion of attempted murder, driving while unfit through drugs and dangerous driving offences. However, he cannot be named due to strict legal reasons. From the moment of the arrest, speculation has surged online over the name of the suspect. But the press and public are restricted in the details that can be disclosed regarding identity once an arrest has been made. A suspect who has been arrested and not yet charged is entitled to a reasonable expectation of privacy. It means the details that can be made public are usually limited to sex, age and a rough location of where they are from. The standpoint was given further credence following a Supreme Court ruling in 2022, which concluded that a person under criminal investigation has a reasonable expectation of privacy. Essentially, a suspect cannot be named until they are charged with a particular offence. Publication of a name prior to charge may be in breach of privacy laws and defamatory if the allegations are later proven to be false. Contempt laws also apply from the moment of arrest, acting to prevent the publication of any material that creates a substantial risk of prejudicing a jury at a potential future trial. Thousands of people line streets for Liverpool's Premier League title parade as iconic DJ drafted in as special guest Police have 24 hours to question an individual suspected of committing a crime. In this case, cops were given "further time to continue questioning him" on Wednesday. A request for an extension to custody time is usually made through a magistrates' court, but can be authorised by a police superintendent when an individual is suspected of committing a serious crime. If the suspect is charged, police will usually publicly release their name and street address - thus avoiding any chance of misidentification. To reach a point where a charge is brought, police forces consult the Crown Prosecution Service (CPS). When considering whether a suspect should be charged, lawyers assess a key question of whether there is a "realistic prospect of conviction?". If the answer is yes and the individual is charged, police stop all questioning and the suspect will appear in court later the same or the following day. Police have until today to either bring charges, release him, or apply for a further extension. It comes as the horrified wife of the Liverpool suspect is said to have only found out about the incident when she saw her car on TV. Neighbours of the suspect said he was 'quiet' and 'didn't go out partying'. Yesterday a neighbour in the city 's West Derby suburb revealed the suspect's wife's shock 'when she saw her car on the TV news'. The neighbour added: 'The wife is a really nice woman and they have children. "No one can believe this has happened. 'She first realised when she saw it was her car on the telly, when she saw it being driven at the parade. "The normal police cars turned up at teatime then Matrix vans turned up later that night. 'Everyone's just in shock. I genuinely don't know what's happened. "They seem like a nice family.' Police have been scouring dashcam content and CCTV to piece together the driver's movements. Officers believe he gained access to the packed street, which had been blocked off, by tailgating an ambulance as paramedics entered to treat a man suspected of suffering a heart attack. 5 5
