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 Illinois, 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. However, Illinois law prohibits video recording in places where individuals have a reasonable expectation of privacy, such as bathrooms, changing rooms, and lactation rooms. This is consistent with the Illinois Eavesdropping Act, which makes it illegal to record private conversations without the consent of all parties involved. Additionally, the use of hidden cameras, often referred to as 'nanny cams,' is legal in one's own home except in areas where someone would expect privacy. It is important to note that while video surveillance is generally permissible in public and non-private settings, audio recording often has stricter regulations and typically requires consent from the parties being recorded. Violations of these laws can result in both civil and criminal penalties.