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Wi-Fi video camera recording—including the capture of still photos, which most Wi-Fi cameras are capable of—is subject to "reasonable expectation of privacy" guidelines under privacy law, and that can make using these devices a little tricky.
If you’re on the street, in a bar, or even in your front yard, you have very different—and much looser—reasonable expectations of privacy (for example, everyone knows that, even in their own backyard, they might be picked up in a Google satellite image).
So does this mean you have to tell burglars that they may be recorded if they break into your house? A trespasser waives any expectation of privacy in your home.
You can record that person, hand the recording over to the police, and use the recording in court.
Does a verbal acknowledgement (especially if the camera catches it) suffice, or can you just put a “premises under surveillance” sticker on the front door window and assume everyone has seen it before they come in?
“Consent for audio has to be given in writing,” said Ken Kirschenbaum, a counsel for the alarm industry and consultant to the publication Security Sales & Integration.
He told us it’s a common misconception that window decals or yard signs (and the expectation that visitors see and recognize them) qualify as consent.
This means that everyone in the house—your family, guests, employees, cable installers and furniture deliverers, any people who have permission to be in your house—will be recorded, and if that recording includes audio, and if you’re in a state that requires dual consent, you may want to warn them, or you could run afoul of wiretapping laws.Those places should be pretty obvious, as noted earlier—bedrooms and bathrooms are clear examples, as is a changing room if you have a pool.But what if a guest is sleeping on your sofa, and likely using that room to dress?You do have the right to record video inside your home without telling anyone, but—well, there are two big buts.The first: You can’t record video in any location where a person would expect to have a high degree of privacy.