Monday, October 22, 2018

Do I have a right to be notified if there is a surveillance camera on my property?

July 30, 2010 by admin  
Filed under Surveillance Camera

I moved into a duplex two weeks ago. I recently noticed a surveillance camera hidden in a corner on the front porch. The Landlord never notified any of the tenants in the house including myself. As a tenant, did I have a right to know despite not being the sole owner of the property?

While the majority of laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved, it is highly recommended that you consult with your local or state law enforcement or an attorney who specializes in this area to find out for sure. Some states require a sign that states there is video surveillance on the premises.

The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places. In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law.

Comments

8 Responses to “Do I have a right to be notified if there is a surveillance camera on my property?”
  1. Bungholio says:

    If you’re renting (and I assume you are if you have a landlord) you’re not an "owner". He has the right to put what he wants on his property.
    References :

  2. gomanyes says:

    Your question doesn’t make any sense. If you are a tenant, then you are not the owner of the property. If you OWN the property, then you have the right to know. But you aren’t the owner, you are the tenant, so you have no right to know these things.
    References :

  3. Infernal Disaster says:

    The Landlord can setup whatever security he/she need to protect the outside property.

    Are the limits? Sure, the landlord cannot put a camera in your apartment. Since these cameras are outside and are most likely for security, your lanlord is well within his rights.

    By the way, when you rent property, you do not own it.
    References :

  4. Stuart says:

    You are renting a property that may not only have a surveillance camera on the porch, it may also have some different brand breakers in the electrical box and maybe some extra thick insulation in the attic crawl space.

    You are renting the property. If you didn’t inspect the property before renting it, now you know that the camera is there. If you did inspect the property before renting it, now you know the camera is there.

    I’m not understanding what your concern is.

    - Stuart
    References :

  5. Trickish_Knave says:

    While the majority of laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved, it is highly recommended that you consult with your local or state law enforcement or an attorney who specializes in this area to find out for sure. Some states require a sign that states there is video surveillance on the premises.

    The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places. In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law.

    However, private places usually means locker rooms, bathrooms, etc. where there is partial or full nudity.
    References :
    http://www.wecusurveillance.com/cctvlaws

  6. Señor Sñarky says:

    Huh? If you have a landlord then it’s not your property. It’s your landlord’s property.

    Your landlord is allowed to put a surveillance camera on their property if they wish. If the camera looks inside your windows or if there are unexpected cameras inside the building (like above the shower) that could be a problem. Otherwise you should be glad that your landlord is watching the property because normally people have to pay money for that kind of protection.
    References :

  7. Dustin says:

    The above answers sound knowledgeable but I’ll address some things no one else has. It could depend upon where the camera is looking and if it’s actually being used. If landlord isn’t actually recording then no problem. It’s just a hunk of electronics screwed to the house to scare away would-be criminals. If the camera is looking into your bathroom then you have some serious invasion of privacy concerns. I’d talk to your local attorney’s office and/or a private attorney and confront your landlord about the camera. Ask your landlord why it’s there and if it bothers you then request that it be removed. If they won’t remove it then pay the money to look into the legalities of the situation. Also consider simply covering the lens, not damaging the camera, just covering.
    References :

  8. Mugwug says:

    No, it doesn’t sound like there is a legal requirement to notify you of the camera. It also sounds like the camera observes an outdoor portion of your home and as such there is no reasonable expectation of privacy on the porch.

    That said you would be within your rights to place a post-it note on the roof of the porch so that it covers the lens of the camera (don’t damage, disconnect or tamper with the camera – obviously), which would likely initiate a dialogue with your landlord where you could make your feelings on this clear.

    You could also contact the government agency responsible for landlord-tenant matters, but I think this would be looked upon little different than a camera in the lobby of an apartment building.
    References :

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