What is the legality of surveillance in your own home?

[Mags89]

What is the name of your state? Tennessee

If you have a surveillance camera that has a microphone hooked up in your own home for not only surveillance but as a webcam (meaning it can be accessed through the internet if you have all the passwords etc.). Is there anything illegal about that since it is recording non-stop? We have it in our basement/den because we usually keep our garages open in the summer and a flimsy door won't stop someone from breaking in but it also records everything else that occurs in our basement/ den area including the going abouts of the family and any guests who come over. Most of our frequent guests and family know about it and it's difficult to turn it off and then reboot everything all over again which is why it is runnign non-stop. Is there anything illegal about that? I am pretty sure there is not since it is our own home but I am just making sure. Thanks in advance.

[racer72]

Originally Posted by Mags89

What is the name of your state? Tennessee

If you have a surveillance camera that has a microphone hooked up in your own home for not only surveillance but as a webcam (meaning it can be accessed through the internet if you have all the passwords etc.). Is there anything illegal about that since it is recording non-stop? We have it in our basement/den because we usually keep our garages open in the summer and a flimsy door won't stop someone from breaking in but it also records everything else that occurs in our basement/ den area including the going abouts of the family and any guests who come over. Most of our frequent guests and family know about it and it's difficult to turn it off and then reboot everything all over again which is why it is runnign non-stop. Is there anything illegal about that? I am pretty sure there is not since it is our own home but I am just making sure. Thanks in advance.

About the only thing that would be illegal is recording sex with children. It's your propery, you can do what you want.

[justalayman]

I'm gonna have to disagree with racer on this one. The Tenn statutes pretty much rule our interception of oral communication. The fact it is transmitted somewhere, especially the web makes it even more improper.

39-13-601. Wiretapping and electronic surveillance — Prohibited acts — Exceptions. —


(a) (1) Except as otherwise specifically provided in §§ 39-13-601 — 39-13-603 and title 40, chapter 6, part 3, a person commits an offense who:


(A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

(B) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

(i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

as well, photography has its limitations:

39-13-605. Unlawful photographing in violation of privacy. —

(a) It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, if the photograph:

(1) Would offend or embarrass an ordinary person if such person appeared in the photograph; and

It does limit the offense by requiring the actions of the viewed to be offensive or embarrassing so there seems to be some allowance for the recording under this section. I believe the audio is forbidden for several reasons though.

Now the question will come up as to if they are within your house, would a person have a reasonable expectation of privacy. To that I would state yes. If a person is in a room by themselves, they should and could expect privacy.

if not, that would give you the legal right to video guest using the bathroom or overnight guests in their bedroom. I doubt that is acceptable as them reliquishing their rights to privacy just because they are within your home.

In some states the notification of those being viewed is adequate to remove this expectation of privacy. I don't know how Tennessee looks at that point.