Know Your Legal Rights / Can I Legally Install a Hidden Nanny Cam? – Part I

By Barry E Krischer

First off, what is a Nanny Cam? As the name suggests it is a small camera often placed in your home to monitor your babysitter and children. It is designed to be surreptitiously installed in strategic locations throughout a home. The camera provides a clear view of your child and nanny, without the nanny knowing of its presence. Nanny cams are also popular with people looking to monitor pet sitters and housekeepers as well.

BestBuy and Amazon sell many types of these cameras. They allow for remote monitoring. “When you connect the camera via your router using your smartphone, tablet or iPad, you can remotely monitor your home from anywhere, … It can monitor your room, warehouse, shop, or even your nanny, for the safety of your property and family.”

Installing a nanny cam is legal in all 50 states. Florida law permits it even without permission of the babysitter. However, you cannot place the camera in private areas. Bedrooms and bathrooms are off limits for these cameras. The law provides, “ ‘Place and time when a person has a reasonable expectation of privacy’ means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy, without being concerned that the person’s undressing was being viewed, recorded, or broadcasted by another, including, but not limited to, the interior of a bathroom, changing room, fitting room, dressing room, or tanning booth.” Thus, without doubt, you would be breaking the law by installing monitoring equipment in a bathroom. If the Nanny is a ‘live-in’ it would also be unlawful to monitor her bedroom.

The law does provide two exceptions that are relevant here: “Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises; or Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious.” But, of course, either of those exceptions obviate the entire idea behind installing a nanny cam.

Obviously, since your goal isn’t to catch the caretaker committing abuse or neglect but rather your goal is to prevent it, why not disclose the camera’s existence? You could explain the camera is there to ensure that not only are the children safe but the Nanny as well, and that no home emergencies develop in your absence. Additionally, simply letting the babysitter know they are being watched can be enough to positively influence their behavior, similar to the empty police cars parked along the highways and byways. Many department stores even install dummy security cameras for fooling shoplifters.

So, the answer to the opening question is “yes.” There is no prohibition to monitoring that is covert, in which case the Nanny is not aware they’re being watched. Amazon and BestBuy have a huge selection of covert Nanny Cams, many of them wireless, so they can be hidden just about anywhere and they can be monitored through your cell phone. Once again, as long as you’re not infringing on the Nanny’s personal rights to privacy, “yes” nanny cams are legal.

BUT… there is a landmine waiting out there with these surveillance cameras. Most, if not all, record conversation, and while recording video is legal, audio recording in Florida is where things get more complicated and serious. See Part II of this column next month for an analysis of recording conversations without notice to the other party.

Editor’s Note: Barry Krischer has been a criminal law practitioner for 48 years. He served as State Attorney in Palm Beach County from 1992 – 2008. He currently volunteers at the Palm Beach County Sheriff’s Office, Legal Affairs Unit, and regularly provides in-service training to law enforcement officers. He can be reached at [email protected].

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