It seems that nobody ever considers the legal aspect in regards to cameras and audio....I've had to deal with this many many times as well as design such systems to be compliant. Signage isn't going to be an answer, it never holds up in court 90% of the times as it's typically not worded correctly, placed conspicious enough, letters the right size, or brought to the attention of the subject parties.
Nearly all audio recording without consent of one or all parties is unlawful. Recording audio is very different from video, and there are definite federal and state laws prohibiting surreptitious recording and monitoring of audio interactions. These laws are taken extremely seriously by authorities and failure to adhere to them could result in serious consequences. There are two types of defined recording situations for audio recording. They are usually identified as "One Party Consent" and "Two Party Consent".
"One Party Consent" means that only the person doing the recording has to give consent and does not have to notify the other party or parties that the conversation is being recorded.
"Two Party Consent" means the person recording the conversation must notify all of the other parties that the recording is taking place and they must consent to the recording.
Federal Audio Recording Laws
The federal wiretapping statute, also known as the Electronic Communications Privacy Act, permits phone calls (traditional, cellular and cordless) and other electronic communication to be recorded with the consent of at least one party, or "one party consent", to the conversation. This means that should you be among the people taking part in the conversation, it may be recorded because one person has consented to the recording.
State Audio Recording Laws
- States with "One Party Consent" for Audio Recording
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- District of Columbia
- Georgia
- Idaho
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Minnesota
- Mississippi
- Missouri
- Minnesota
- Nebraska
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- Ohio
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
- States with "Two Party Consent" for Audio Recording
- California
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Kansas
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Utah
- Washington
A Note About Intent
Since many US states have a “gray area” in regard to hidden camera surveillance, the concept of “intent” has often been brought into the legal spotlight. Should you be taking hidden video surveillance of your nanny to ensure that she is keeping your children safe, this is seen as acceptable intent. However, if you are taking video surveillance of visitors to your home in order to blackmail, this can be considered malevolent intent. It’s also illegal, as stated before, to take hidden video of individuals in locations of expected privacy in certain states.
As I've said elsewhere, while it may seem "ok" on the outward appearances, all it takes, especially in the case of a business, is one person to complain or there to be an incident. Guaranteed to end up in court and the loser is typically the business or business owner.