Security cameras and neighbors: what the law allows

Two separate questions: video and audio

People mix up two issues. Video is usually judged by whether someone had a reasonable expectation of privacy in the place being filmed. Audio is usually covered by wiretapping or eavesdropping laws, which turn on whether the people being recorded consented. A camera that is fine as a silent video camera may create a problem once the microphone is on.

Video: the “reasonable expectation of privacy” idea

A person generally has no reasonable expectation of privacy in what is visible from a public street or in an open front yard. They do have one in a bedroom, a bathroom or a room with the curtains drawn, even if the room is in your neighbor’s house. That is why the safest rule is simple: aim the lens at your own property and use the camera’s privacy zones or masks to block anything that shows into a neighbor’s windows, doors or backyard.

• Cameras that see a neighbor’s driveway or front lawn by accident are usually less of a problem than ones that appear to watch a specific window or a pool or patio.
• Some states and cities have laws against secretly filming in places where someone would expect privacy, and harassment or stalking laws can apply to a camera aimed to monitor a neighbor.
• If a neighbor objects, a masking zone and a short conversation solve most disputes before anyone calls a lawyer.

Audio: why the microphone changes things

Federal law allows recording a conversation when one party consents. The text of 18 U.S.C. § 2511 says it is not unlawful for a person to intercept a communication where they are a party to it or one of the parties has given prior consent, with an exception when the purpose is a crime or tort. That is a “one-party consent” rule, and a camera that records people talking in your yard may not fit it because you are not a party to a conversation between others.

States set their own rules, and they differ. The Reporters Committee for Freedom of the Press publishes a state-by-state guide to recording laws. Its pages show, for example, that Texas allows an individual who is a party to a conversation, or who has the consent of one of the parties, to record it, while Florida requires all parties to consent, Illinois bars recording a private conversation without the consent of all parties and California requires all parties to a confidential communication to agree. Washington also requires consent of all parties to private conversations. This list is illustrative only; the laws have exceptions and details, so check the guide for your state.

Neighbor disputes: what usually works

1. Look at the live view from your neighbor’s side. If you can see a window, a bedroom or a shower, adjust or mask it.
2. Tell the neighbor what the camera does. Say that it records only your property, that audio is off and that you will block anything they find intrusive.
3. Use masks instead of removing the camera. Most cameras have a privacy zone you can draw in the app.
4. Keep notes and screenshots of what the camera does and does not see, in case a dispute escalates.
5. If a dispute grows, ask a local attorney, a mediation service or a tenant or homeowner organization. Rules vary by state and city.

HOA rules and rentals

An HOA’s covenants may limit visible cameras, mounting locations or flood lights, even when state law allows the camera itself. Read your CC&Rs before mounting anything on the front of the house; our guide to HOA rules for smart home devices covers what to ask. Renters should check the lease and their landlord’s rules first, which is covered in can you put a camera outside your apartment door? and in our renters’ guide to smart devices.

Sharing footage and posting it online

Capturing video is one thing; posting it is another. Posting a clip of a neighbor, a delivery driver or a child can raise defamation and privacy issues even when the recording was lawful. Share clips with police, your insurer or your neighbor directly instead of posting them publicly, and blur faces if you post at all.

Camera security is a legal issue too

A camera that shows up on someone else’s phone because it is hacked can create exposure for the owner and misery for the people filmed. The FTC says to change the default password, use encryption and updates and limit who can see the feed. Our page on the U.S. Cyber Trust Mark explains the federal labeling program for connected devices.