As security camera systems continue to advance technologically, it’s important to understand the security camera laws in Michigan to ensure you’re protecting your property legally. Whether you’re a business owner, a licensed professional,or operate in the public sector, violating Michigan's surveillance and eavesdropping statutes can carry severe penalties, including felony charges.
This guide breaks down the most important Michigan security camera laws, dealing with both video and audio surveillance, so you can monitor your property with peace of mind.
Expectation of Privacy in Michigan
In most cases, the legality of using a security camera in Michigan hinges on one key concept: the expectation of privacy.
Generally, you are free to record anything that is viewable from a public place. This includes the exterior of your home or business, your driveway, your yard, and public sidewalks. However, you cannot legally record individuals in places where a reasonable person would expect to be private.
Michigan law strictly prohibits the use of any device to observe or record a person "engaging in any intimate activity" in a private place without their consent. Violating this is a felony under Michigan Compiled Law (MCL) 750.539j.
How to Select a Commercial Surveillance System in Michigan
There are several decisions to make when selecting a video surveillance system for your business. Some key factors to consider when evaluating business security configuration options include:
- Camera type and coverage
- Video quality and storage
- Real-time monitoring and alerts
- Integration with access control
- Audit and reporting tools
- Scalability and support
It is especially important, particularly in Michigan, for businesses to understand what they can and cannot do to ensure their employees’ safety, while also protecting both company assets and personnel privacy.
Michigan Surveillance Camera Laws Explained
For video recording, the laws pertaining to security cameras are primarily determined by where the camera is placed. Below is an overview of how Michigan state law treats camera placement in different areas of a business property.
Exterior and Public-Facing Areas (Generally Allowed)
You can generally point security cameras at:
- Common areas in a business (e.g., lobbies, parking lots, retail floors), as long as clear notice is provided.
- The exterior of your property.
- Public streets and sidewalks adjacent to your property.
- Your building entrance area, driveway or parking lot.
Bottom line, if your security cameras capture areas beyond your own property, such as neighboring businesses or nearby residences, they must not be directed toward spaces where individuals have a reasonable expectation of privacy, such as windows, restrooms, or enclosed yards.. For more guidance on general surveillance principles, the Michigan Department of Health and Human Services (MDHHS) has outlined the differences between public and private settings online.
Interior and Private Areas (Generally Prohibited)
Cameras are strictly prohibited in areas where individuals have a heightened expectation of privacy and consent is not provided, including bedrooms, bathrooms, locker rooms, and dressing rooms.
For example, MDHHS has administrative policies specific to their facilities that illustrate this by explicitly prohibiting the use of cameras in areas like “shower rooms” or “individual sleeping rooms” unless authorized for health and safety purposes (MDHHS APF 140).
Local Expertise, Legal Compliance
Security 101 has Michigan covered with offices in Saginaw, Detroit and Kalamazoo. We understand the state's strict surveillance laws and offer tailored solutions that keep your business safe and compliant. Contact us today for a consultation with our local security experts.
Audio Recording in Michigan: Eavesdropping Laws and One-Party Consent
When a security camera also records audio, it falls under Michigan’s strict eavesdropping laws.
Michigan is a one-party consent state for conversations. This means that if you are a party to a conversation, you can record it without the knowledge or permission of the other person(s).
However, you cannot secretly record a conversation between other people (a conversation you are not participating in). Under MCL 750.539d, it is a felony to install a device to "eavesdrop" on, or record, a conversation without the consent of at least one party to the conversation.
Security Camera Audio Warning:If your security camera's microphone picks up an audio conversation between two visitors, employees, or neighbors on your property—and you are not part of that conversation, and they are unaware they are being recorded—you may be committing a felony. For this reason, many security experts recommend disabling the audio recording function on exterior and public-facing cameras. Signs should, in theory, make the parties aware, but one could argue the placement of signs may not provide 100% coverage. |
Surveillance Requirements for Commercial Locations in Michigan
Businesses have nuances to how they can utilize commercial surveillance systems compared to cameras in residential spaces. Generally, while employers can use cameras in non-private work areas, they must still comply with federal and state labor laws and are often required to provide notice to employees that monitoring is taking place.
Additionally, there are some types of businesses in Michigan that are subject to specific surveillance requirements, such as marijuana facilities and dispensaries. Businesses licensed under the Michigan Regulation and Taxation of Marijuana Act must provide video coverage for all limited access areas, entrances, and exits, and they are required to keep that video footage for a minimum of 45 days per Michigan Administrative Code R 420.209.
Do You Need a License to Install Security Cameras in Michigan?
If you are a contractor or an individual installing security and alarm systems for others in Michigan, you must be properly licensed and registered. Here are some specific classifications that require license, as well as some helpful resources:
- Alarm System Contractor License: Companies and individuals who sell, install, maintain, or repair alarm systems (including many security camera setups) must hold an Alarm System Contractor License issued by the Michigan Department of Licensing and Regulatory Affairs/Bureau of Construction Codes, Commercial Services and Licensing. You can find details and requirements through the LARA licensing portal.
- Special Trades: Technicians involved in the installation of the wiring may also need specific skilled trades licenses, such as the Electrical Apprentice, Fire Alarm Specialty Technician, or Specializing Journeyman classifications as regulated by LARA.
Beyond legal compliance, having a licensed commercial security integrator like Security 101 install your system ensures:
- Knowledgeable installation with proper camera placement to keep your organization secure and compliant.
- Safe installation to protect against electrical issues and camera failure.
- Recourse through your state licensing entity if the installer does a poor job.
- Protection against scammers, fraud, and criminals who use security camera installation as a cover.
Lawful Use of Video Surveillance in Michigan
Consistent monitoring is an important part of a plan that protects your employees and property. However, complying with Michigan’s laws in order to avoid penalties and expensive liabilities is just as important as an airtight coverage plan.
To ensure your organization is abiding by the law, it is key to closely collaborate with an expert security professional, competent in protecting businesses with sophisticated video surveillance technologies and who knows in depth the specific laws and regulations at state and local level in Michigan (Saginaw, Detroit and Kalamazoo).
Don't risk legal repercussion
Reach out to Security 101’s Michigan team now and schedule a consultation with our knowledgeable professionals. We will help you navigate the complex landscape of video surveillance laws effortlessly. Your business deserves the best protection!
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