Installing outdoor security cameras is a common practice for residential and commercial property owners. While security cameras may serve as a deterrent to crime and provide footage for investigations, their use also raises significant legal considerations.

In New Hampshire, legal considerations regarding video surveillance recordings primarily focus on two key areas: privacy rights and consent. Individuals have a reasonable expectation of privacy in certain settings and recording without consent in these areas can lead to legal liabilities.

Privacy Rights and Consent

New Hampshire, like many states, has laws designed to balance the need for security with individual privacy rights. For security cameras, New Hampshire follows guidelines that require consent for recording in places where individuals have a reasonable expectation of privacy, such as bathrooms, changing rooms and private yards or dwellings.

Security cameras outside homes or businesses may capture footage of individuals in nearby public spaces. In public spaces or places with no reasonable expectation of privacy, such as streets, parks or areas visible from public viewpoints, security cameras may be used without obtaining specific consent.

Although not legally required, businesses and homeowners may use signs to clearly disclose the presence of security cameras and inform individuals of potential recording. The use of those recordings is also regulated. Generally, recordings made in public spaces can be used for security purposes, monitoring of property or other lawful uses. However, using recordings to invade someone’s privacy or for illegal activities, such as stalking or harassment, is strictly prohibited and can lead to severe legal consequences.

Best Practices

If you use outdoor security cameras, consider the following best practices to ensure you’re respecting privacy rights and maintaining compliance with New Hampshire law:

• Clearly inform individuals about the use of security cameras, especially in places where privacy expectations may exist.
• Ensure that data collected is accessed only by authorized personnel for legitimate purposes.
• Take steps to secure recorded data and prevent unauthorized viewing or distribution of footage. Those accessing the footage should be trained in privacy laws.
• Review and update security camera policies regularly.
• When in doubt, seek legal advice to ensure adherence to both state laws and federal regulations.

Video surveillance plays a vital role in enhancing a property’s safety and security. Understanding New Hampshire’s video surveillance laws is essential for maintaining a balance between security and privacy rights.

Wescott Law is dedicated to serving the legal needs of businesses and individuals in the Lakes Region and beyond. Wescott Law’s main office is located in Laconia, with satellite locations in Meredith and Plymouth.