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 Kentucky, video surveillance is subject to both state statutes and federal law, which generally allow for the recording of individuals without their consent in public areas or areas where there is no reasonable expectation of privacy. Kentucky law permits the use of video surveillance in places such as retail stores and workplaces, provided that it does not extend to private areas like dressing rooms, bathrooms, or lactation rooms. The use of 'nanny cams' or similar devices in one's home is also generally permissible for monitoring service providers or guests, as long as the surveillance does not occur in areas where an individual would have a reasonable expectation of privacy. It is important to note that installing hidden cameras in private areas, such as bathrooms or changing rooms, can lead to civil and criminal penalties under Kentucky law. Individuals should be aware that while video surveillance is a useful tool for security and monitoring, it must be balanced with the privacy rights of those being recorded.