Laws from state to state vary slightly regarding the legality of nanny camera usage by employers in their homes, and laws pertaining to video recording and audio recording are different as well. Knowing what is legal in your state could protect your family and keep you out of serious legal trouble.

Privacy

The argument by nannies that it is an invasion of privacy for an employer to have a nanny camera hidden in the home to record the nanny’s daily behavior has not held up in many states. In the State v. Diaz, 706 A.2d 264 (1998), the court agreed that a videotape that is made by a parent in the parent’s home is admissible in court. A nanny may not have privacy rights in the home of someone else.

Audio Recordings vs. Video Recordings

While many courts have ruled that employers are permitted to use hidden nanny cameras to observe their nannies, there is much controversy over the use of audio recording devices. One argument for audio recording is that the parent has consented to her child being audio taped. In some states, only one party needs to consent to taping. But in states where everyone involved must consent, the law is quite different. If you live in a state that requires full consent for audio recording, be sure you either have the permission of your nanny to tape her voice or you use a device that does not record sound; otherwise you could face serious legal trouble.

Consent

In order to audio record, it is always best to get consent from all parties involved and it is wise to do the same for video recordings. One way for parents to address this issue is by posting a sign in the home that states that anyone in the home may be recorded. This covers the parents legally as it is assumed that if after reading the sign you stay in the home, you have consented to being taped. It is also helpful to include the possibility of recording in the contract signed between parents and nanny as a way to waiver the right of privacy in the home.

Article Source:    Laura Simpson – www.ehow.com

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