Deciphering video surveillance laws: a comprehensive guide for businesses

Note: This post was updated in July 2025 with new information on video surveillance laws

For businesses, implementing video surveillance is a highly effective way to enhance security, deter theft, and protect assets. However, improper use of surveillance systems can lead to privacy violations, legal troubles, and damage to your company’s reputation. Familiarizing yourself with video surveillance laws is critical to staying compliant and respecting individuals’ privacy.

This guide will break down general surveillance principles, provide specific insights into state-level regulations in key locations, and offer actionable advice for ensuring compliance.

GENERAL PRINCIPLES OF VIDEO SURVEILLANCE FOR BUSINESSES

Before we look at state-specific laws, it’s important to understand the general legal principles that apply to video surveillance in the workplace or public-facing businesses.

1. Consent

   In many cases, obtaining consent from employees or the public before recording video is required or strongly recommended. This can be done through signage or written agreements, depending on the situation and the location.

2. Signage

   It’s often necessary to display clear signage stating that video surveillance is in use. Signs should be visible and provide notice that recording may take place, ensuring that individuals are aware they’re being monitored.

3. Reasonable Expectation of Privacy

   Surveillance must not take place in areas where people have a “reasonable expectation of privacy,” such as bathrooms, locker rooms, or changing areas. Monitoring these locations could lead to significant legal repercussions.

4. Audio Recording

   Audio surveillance is regulated more strictly than video recording. Many states require the consent of one or all parties involved before recording audio. Be sure to approach audio capabilities with caution to avoid crossing legal thresholds.

5. Data Storage and Access

   How video footage is stored and who can access it is another legal consideration. Businesses must secure footage against unauthorized access and may need to retain it for specific periods, depending on industry regulations or local laws.

STATE-SPECIFIC VIDEO SURVEILLANCE LAWS

Each U.S. state maintains its own rules regarding video surveillance. Here’s a closer look at the laws governing surveillance in 11 key states.

1. Ohio

   • Permitted Usage: Businesses can use surveillance in public and workspaces where there’s no expectation of privacy.
   • Audio Recording: Ohio is a one-party consent state, allowing audio recording if one party is aware of it.
   • Key Rule: Surveillance is prohibited in private areas like restrooms to uphold privacy standards.

2. Illinois

   • Permitted Usage Surveillance is allowed, but must comply with the state’s strict privacy protections.
   • Audio Recording: Illinois requires consent from all parties involved in audio recording, making it essential to ensure compliance if audio devices are used.
   • Key Rule: Surveillance in locations shared by employees must not invade personal privacy.

3. California

   • Permitted Usage: Businesses can install video cameras in public settings but not in locations where privacy is expected.
   • Audio Recording: California requires all-party consent for audio. A failure to adhere carries heavy penalties.
   • Key Rule: The California Consumer Privacy Act (CCPA) affects how surveillance footage data is stored and accessed, emphasizing transparency with employees and customers.

4. Texas

   • Permitted Usage: Public monitoring is allowed, but businesses may not conduct surveillance in private spaces.
   • Audio Recording: Texas is a one-party consent state, which simplifies recording audio.
   • Key Rule: Consent is advisable when cameras are used to monitor employees.

5. Pennsylvania

   • Permitted Usage: Video surveillance is generally permitted, but strict privacy boundaries must be observed.
   • Audio Recording: Pennsylvania mandates all-party consent for audio recordings.
   • Key Rule: Employers must inform employees if surveillance is being used in work areas.

6. Washington

   • Permitted Usage:  Surveillance is allowed in public spaces, but signage is required to inform individuals.
   • Audio Recording:  Washington law requires consent from both parties for audio recordings.
   • Key Rule:  Businesses should avoid hidden surveillance to comply with stringent state privacy laws.

7. Georgia

   • Permitted Usage: Video monitoring is permissible in areas with no expectation of privacy.
   • Audio Recording: A one-party consent state, Georgia permits audio if one party is aware.
   • Key Rule: Transparency with employees and customers about surveillance use is encouraged.

8. Florida

   • Permitted Usage: Public and workplace surveillance is allowed except in private areas.
   • Audio Recording: Florida also requires consent from all parties for audio recording.
   • Key Rule: Make sure cameras are installed in visible, non-invasive locations.

9. Massachusetts

   • Permitted Usage Surveillance is allowed as long as privacy expectations are respected.
   • Audio Recording: Massachusetts necessitates all-party consent for audio surveillance.
   • Key Rule: Hidden surveillance is discouraged and may breach privacy laws.

10. New York

    • Permitted Usage: Businesses may monitor public and workplace areas but not private spaces.
    • Audio Recording: New York is a one-party consent state, which eases the requirements for audio monitoring.
    • Key Rule:  Employers must provide notice when monitoring employees.

11. Oregon

    • Permitted Usage: Video monitoring is permissible with appropriate signage and restrictions.
    • Audio Recording: Oregon enforces a one-party consent rule for audio recording.
    • Key Rule: Data storage policies should align with state regulations to ensure recorded footage is protected.

ACTIONABLE ADVICE FOR LEGAL COMPLIANCE

1. Consult Legal Experts: Laws can be complex and vary widely by state. Work with legal counsel familiar with your state’s surveillance laws to ensure compliance.
2. Audit Your Surveillance Systems: Regularly audit camera placements, signage, and recording capabilities to avoid inadvertently breaking laws.
3. Provide Notice: Always give proper notice through signage or policies that surveillance is being conducted.
4. Separate Video and Audio: Exercise caution with audio recording, as it’s more heavily regulated.
5. Secure Your Data:  Protect video data with encryption and limit access to authorized personnel only.
6. Stay Updated on Laws: State and federal regulations can change. Keep policies and procedures in line with current laws.

THE IMPORTANCE OF PARTNERING WITH A SEASONED SECURITY INTEGRATOR

Collaborating with a seasoned security integrator, like Security 101, can make a significant difference in the effectiveness and compliance of your surveillance system. Experienced security integrators bring specialized knowledge of regulatory requirements, enabling you to design and implement systems that meet legal standards while addressing your specific security needs.

We can also recommend the latest technologies and best practices to maximize the efficiency and reliability of your system. Furthermore, security integrators provide ongoing support and maintenance, ensuring your system remains operational and up-to-date as regulations and technology continue to evolve. Partnering with experts reduces the risk of costly mistakes and ensures a comprehensive, professional approach to safeguarding your assets.

BUILDING A RESPONSIBLE SURVEILLANCE STRATEGY

Implementing a surveillance system that meets legal standards protects your business while maintaining trust with employees, customers, and the public. Adhering to privacy laws not only keeps you compliant but also enhances your reputation as an ethical enterprise.

Contact us today to design and maintain a surveillance system aligned with both your needs and local laws. With expert advice, your business can harness the power of video surveillance without overstepping legal limits.

By taking a proactive and informed approach, you ensure both safety and peace of mind for everyone associated with your business.