This post was updated in October 2025 with new information on California security camera laws.
Even with some positive trends in the crime statistics for New York state, it’s still only natural for property owners, employers, and other stakeholders to want to protect their buildings and assets as best as they can. Modern commercial surveillance solutions offer a multitude of valuable and cutting-edge features that elevate security, efficiency, and business performance.
Nevertheless, 21st-century video technologies must be complemented by licit and permitted uses of cameras. In the Empire State, particularly, unlawful surveillance, illegal audio recordings, and offenses against the right to privacy are severely punished. In this delicate context, it's important to pay close attention to New York’s surveillance regulations and work with experienced security integrators who understand the state’s legal requirements for security cameras.
How to Select a Business Surveillance System in New York
There are several decisions to make when selecting a video surveillance system for your business. Some key factors to consider when evaluating the 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 New York — for businesses to understand what they can and cannot do to ensure their employees’ safety, while also protecting both company assets and personnel privacy.
New York Surveillance Camera Laws Explained
The Electronic Monitoring and Surveillance Survey (updated in 2020), conducted by the American Management Association (AMA) and The ePolicy Institute, illustrated that 48% of the companies surveyed used video monitoring to reduce criminal activity, and just 7% used it to track staff performance.
Additionally, most organizations disclose their use of video surveillance for theft prevention (78%) and employee performance monitoring (89%).
While these numbers will change over time, video monitoring remains one of the most powerful tools to help create a safer work environment. New York employers should consider several practical measures to remain compliant with state legislation:
- Post Clear Notices: New York state authorizes video recording in the workplace, but cameras must be overt and surveillance notices should be apparent and visible for employees, visitors, contractors, and vendors.
- Respect Private Areas: Section 203-C stipulates employee privacy protection, which prohibits video recording of personnel (or tenants) in a bedroom, restroom, locker room, washroom, shower, or room designated for the change of clothes, unless authorized by court order.
- Avoid Placing Excessive Equipment: In addition, unlawful surveillance in the second degree, § 250.45, includes monitoring a person when such an individual has a reasonable expectation of privacy or without such person’s knowledge or consent. Utilizing or installing imaging devices for no legitimate purpose is a class E felony. This carries a punishment of up to four years in prison and a $5,000 fine.
- Repeat Offenses are Punished Heavily: According to § 250.50, a person is guilty of unlawful surveillance in the first degree (class D felony) when they commit the crime of unlawful surveillance in the second degree and have been previously convicted within the past ten years of unlawful surveillance in the first or second degree. This carries a punishment of up to seven years in prison.
Interfering with Employees' Union Rights
Employees have the right to unionize, to join together to advance their interests as employees and to refrain from such activity. Thus, it is unlawful for an employer to interfere with, restrain, or coerce employees in the exercise of their rights.
Section 7 and 8 of the National Labor Relations Act prohibits spying on union activities, creating the impression that employees' union activities are being monitored, or videotaping employees engaged in peaceful union or other protected activities.
Audio Recording in New York: A One-Party Consent State
The State of New York is a “one-party consent” state, meaning it is a criminal violation to use any device to record, obtain, share, or use communications, whether they are wire, oral, or electronic, without the consent of at least one person participating in said conversation.
Therefore, you are allowed to record a dialogue if you are a partaker or if you get prior consent from one of the involved parties. Keep in mind that if the recording occurs in an environment with no expectation of privacy, these measures might not be necessary.
New York State Law, Article 250, designates eavesdropping, failure to report wiretapping, unlawful obtaining of information, and unruly surveillance (1st and 2nd degree), as offenses against the right to privacy. The intentional overhearing and/or recording of communications can potentially lead to facing criminal charges under N.Y. Penal Law § 250.05.
In essence, a one-party consent state means that employees can record their conversations with a manager without informing the other party. Conversely, leaving a recording device in an office to tape a conversation you are not a part of, or aiming security cameras in the direction of areas that do have an expectation of privacy, is illegal.
Do you need a license to install security cameras in New York?
In New York state, people or businesses that install and maintain security systems need a license. This license is from the New York State Department of State (NYSDOS). Specifically, the license to carry in New York would be for Security or Fire Alarm Installers. Licensed contractors, like Security 101, carry liability insurance and warranty for all installations.
A license 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 New York
Efficient monitoring is important to protect your employees and property. However, it is equally necessary to comply with New York’s laws in order to avoid penalties and expensive liabilities.
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 New York (Long Island, Rochester, White Plains, NYC).