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 Utah, video surveillance is generally permissible in areas where individuals do not have a reasonable expectation of privacy. This aligns with the broader legal framework in the United States, which allows for surveillance and recording without consent in public or visible areas. However, Utah law, like laws in other states, prohibits video surveillance in places where individuals expect privacy, such as bathrooms, dressing rooms, and lactation rooms. Employers and retail stores can use cameras in common areas but must refrain from surveilling private areas. In the context of residential surveillance, homeowners in Utah can use 'nanny cams' to monitor service providers or guests, but again, this is restricted to areas without an expectation of privacy. It is important to note that while Utah's statutes provide the general legal framework, specific cases and court opinions (common law) may also influence privacy rights and expectations. Violating these privacy protections can result in civil and criminal penalties under state law.