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 Washington State, video surveillance laws align with the general principle that it is legal to record or surveil individuals without their consent in public or in areas where there is no reasonable expectation of privacy. This means that in places like retail stores or workplaces, surveillance cameras can be used in common areas but not in private areas such as dressing rooms, bathrooms, or lactation rooms. Homeowners in Washington are also permitted to use surveillance equipment, such as nanny cams, to monitor service providers or guests within their homes, provided that the surveillance does not occur in areas where an individual would have a reasonable expectation of privacy. It is important to note that while video surveillance is generally permissible, audio recording without consent can be subject to different regulations, as Washington is a two-party consent state for audio recordings. This means that all parties involved in a private conversation must consent to being recorded. Violating these privacy laws can result in both civil and criminal penalties.