Why Do I Feel Like Someone’s Watching Me?
Worried about what your kids’ nanny is doing when you’re not around?
Afraid your telephone conversation might be recorded?
Well, I think we all know that very little is private anymore. So everyone needs to find out what the law has to say about things like teeny weeny cameras and oh-so-smart phones.
So…what’s the deal?
VIDEO CAMERAS
She came with all the best references, and the kids absolutely love her. But something is just not right, and your parental intuition got you running to Best Buy to pick up “the latest, greatest covert video surveillance system on the market.”
But wait…are you about to break the law?
Here’s the net-net.
In general, a private citizen in their own home has a legal right to record what happens in their home for safety and home security….with the following exceptions:
#1: It’s illegal to obtain video surveillance of someone if you’re planning to do something criminal with it – like blackmailing them. Duh.
#2: It’s also illegal to take video surveillance of someone in a place of expected privacy. The law specifically guarantees us privacy in:
Bedrooms
Bathrooms
Locker Rooms
Dressing Rooms
Changing Rooms and
Hotel Rooms
Remember ESPN’s Erin Andrews? She had every right to expect that no one would catch her in her birthday suit by sticking a camera in the peephole of her hotel room. But what about a domestic employee hired to work inside your home? In most cases, you are within your rights to covertly record them in your home. But you should know that laws differ from state to state, so to be on the safe side, you should find out more about the specific laws where you live.
TELEPHONE CONVERSATIONS
Now what about phone conversations? With all the gadgets and gizmos around, just when does the average person have an expectation of privacy?
Federal law permits recording telephone conversations when at least one party consents. However, state laws can be stricter.
A minority of states require all parties to a conversation to consent before it may be recorded. As of January 2026, these states include: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington.
A few states, like Michigan, have laws that are interpreted differently by courts, so recording practices there can be legally risky. In all other states, the general rule is one-party consent.
And once again, you can never record (video or telephone) for purposes of blackmail or extortion.
Crossing State Lines
Calls that cross state lines can become complicated legal issues, especially when one state has one-party consent, and the other state has all-party consent. You didn't violate the law in the one-party consent state, but you did violate it in the all-party consent state. Oh, boy. Sounds like you might need a lawyer!
