With daycares and summer camps closed due to COVID-19, many parents are turning to nannies and babysitters for some relief while parenting through the pandemic. Of course, you would never leave your children with someone you don’t trust, but perhaps you feel a little more comfortable knowing your home surveillance system is capturing their interactions. However, there are some things to consider before setting up in-home video cameras, or “Nanny Cams”.

As discussed in  a previous Legally Speaking Article on the topic of audio recordings as evidence, New Hampshire is a “two-party” or “all-party” consent state, and recording any audio communication without the consent of all parties is a serious criminal offense. But what about devices that record only video, such as Nanny Cams? Do employees and guests need to consent to being filmed inside your home?

Persons in New Hampshire are generally permitted to install surveillance cameras within their own homes. That being said, consent is required when video recordings are made in “private places” such as bathrooms and other areas where a person might disrobe with an expectation of privacy, such as a pool house or designated nursing room. Of course, if your nanny or some other employee or guest has a designated bedroom in your house, you may not record video inside that bedroom without consent.

While express permission is not required for video recording in non-private places within your household, informing your nanny of the recording software from the outset, through the use of signage or through direct written communication, is a best practice to avoid any privacy claims and to encourage positive behavior. After all, the purpose of a Nanny Cam is to deter inappropriate behavior, not just catch it after the fact.

Wescott Law has a number of attorneys with experience in wiretapping and privacy laws.