Of course, concerned parents have a right to set up surveillance cameras to protect their children and their property, right? But what about hidden cameras that record a babysitter or nanny? Can you legally install a hidden nanny cam in Florida? While it is entirely legal to set up a hidden camera in your home, there may be risks involved in recording video and audio when a nanny is working inside your home.
The truth is that the legality of hidden nanny cams is a little complicated. If you go through the trouble of installing a nanny cam, you want to be able to use the recording in court! A private place is one where a person does not expect their communication to be captured by an audio or video recording device.
One example of such a private place is a bathroom. Importantly, if you plan to install a hidden nanny cam, you should consider installing one that records only video footage. In , a Florida appeals court decided to allow silent video surveillance footage from a hidden camera to be used in court.
What if you have a nanny cam that captures both audio and video? There are two potential unintended legal consequences from installing a hidden nanny cam that both captures audio and video. A nanny who is recorded in violation of Florida law may hire a personal injury attorney and sue you for damages for the injury caused to them, like emotional distress. What if you are determined to install a camera with both video and audio recording features?
In that case, you should let your nanny know about it. They only need to know that they may be captured by audio and video surveillance while in your home. You should also be aware of the practical risks of internet-connected nanny cams. Well-known brands of WiFi-connected cameras have reportedly been hacked.
