Spy cameras cannot be used unless the person being photographed is aware of them.
Spy cameras are defined as hidden cameras on private property with the expressed use of recording individuals without their knowledge. Surveillance cameras on the other hand are different in that the camera must be visible. Some states allow the use of spy cameras, and others do not; California and 12 others states do not allow spy cameras.
Spy Cameras
According to wecusurveillance.com, California and 12 other states "expressly prohibit the unauthorized installation or use of cameras in private places." The use of a spy camera is permissible if those being recorded are aware and consent to that fact. A private place is anywhere a person may expect to not be recorded. For example, a bathroom or bedroom are examples of where a person may expect not to be recorded. In short, if a person does not know that he or she is being recorded in California, then the use of a spy camera is illegal.
Surveillance Cameras
Surveillance cameras are somewhat different. Spy cameras are meant to be hidden, while surveillance cameras are generally placed in locations that are deemed public or not seen as an invasion of privacy. For example, someone with a large plot of land may choose to put cameras on the property to monitor it. They are allowed to do so. Those entering the property without permission of the land owner are breaking the law and are not entitled to the same privacy protection laws as guests of the owner. Guests of the property owner should be informed that video surveillance is being conducted on the property.
Consequences
In most states that outlaw spy cameras, being caught using one can be "punishable by a $2000 fine and up to 2 years in prison," according to wecusurveillance.com. Further charges can be assessed if the spy camera is being used as an invasion of privary such as in a change room, locker room, or bathroom. Additional charges may also be filed if the spy camera is being used for an illegal activity; for example, if the spy camera's footage will be used for blackmail or extortion.
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