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 California, video surveillance is subject to both state statutes and considerations of privacy as defined by common law. It is legal to conduct video surveillance in public areas or in one's own home where there is no reasonable expectation of privacy. This means that while cameras can be placed in common areas of a retail store, workplace, or home (like living rooms or kitchens), it is illegal to place them in areas where privacy is expected, such as bathrooms, dressing rooms, and lactation rooms. California law specifically prohibits the use of hidden cameras in areas where a person may be undressing or where they have a reasonable expectation of privacy, under Penal Code Section 647(j). Additionally, audio recording without consent is restricted by California's two-party consent law, as per Penal Code Section 632, which requires the consent of all parties to a conversation if the conversation is confidential. Violating these laws can lead to both civil and criminal penalties. It is important for individuals and businesses to be aware of these regulations to ensure that their surveillance practices are in compliance with California law.