Video surveillance is generally legal in the United States and a person is not required to get the consent of the person being watched or recorded—unless the surveillance or recording is done in a place or context in which the person being watched or recorded has a reasonable expectation of privacy.

For example, in a retail store or workplace setting, the store or employer may place cameras surveilling and recording persons in the store or workplace but may not do so in dressing rooms, bathrooms, or breastfeeding or lactation rooms—which are places where persons generally have a reasonable expectation of privacy.

Similarly, people generally have a right to surveil (watch) and record persons visiting their homes—and when hidden cameras are placed inside the home they are sometimes referred to as nanny cams. For example, people sometimes want to watch and record a babysitter, nanny, cleaning service provider, repairman, pool cleaner, or other invited or uninvited guest.

It is generally legal to surveil and record such persons with or without their permission—but only in places where the persons being watched or recorded do not have a reasonable expectation of privacy. For example, it is often a civil and criminal violation of state statutes to place a hidden camera in a bathroom, shower, or changing area in which persons have a reasonable expectation of privacy.

Video surveillance laws vary from state to state and are usually located in a state’s statutes—but some relevant privacy laws and rights may also be located in a state’s court opinions—also known as its common law or case law.

In Arkansas, video surveillance is subject to both state statutes and federal law, which generally allow for the recording of individuals without their consent in public or in areas where there is no reasonable expectation of privacy. Arkansas law permits the use of video surveillance in public spaces and in the workplace, provided it is not conducted in private areas such as bathrooms, dressing rooms, or lactation rooms, where individuals have a reasonable expectation of privacy. Homeowners in Arkansas are also generally allowed to use surveillance equipment, such as nanny cams, to monitor service providers or guests within their homes, except in areas where privacy is expected. However, Arkansas law prohibits the use of any device to secretly observe, photograph, or record a person in a private place without consent (Arkansas Code § 5-16-101). Violating these privacy laws can result in both civil and criminal penalties. It is important to note that specific circumstances and locations may have additional legal considerations, and consulting with an attorney can provide guidance tailored to individual situations.