Individual homeowners, landlords, businesses and government departments all have certain legal rights to install security cameras on their property, but Massachusetts has strict privacy rules that restrict the use of security cameras. Improper use may be an offense under state law, so if you are considering installing security cameras on your own property, make sure you understand how such a useful electronic asset could pose a legal risk. This article aims to explore the use and misuse of security cameras in our state.
Reasons for installing security cameras
The reasons for the legitimate installation of security cameras seem obvious. Homeowners want to feel safe in their own home and want to know whether potential intruders or trespassers are in the vicinity. Landlords have a stake in ensuring that their tenants treat their property with respect. Store owners and business owners of all types want to maintain surveillance of their properties and ensure the behavior of customers is legitimate. Government departments have many reasons for installing cameras in certain locations, ranging from speed and red light surveillance to potential illegal entry into or misuse of sensitive and valuable infrastructure.
Smart security camera installation is on the rise
The use of smart security cameras, like Amazon’s ‘Ring’ and other brands, provide video footage at arm’s length via the internet. It means that homeowners who are on vacation or visiting their friends or family a long way from home can view whatever their security cameras are recording at any time, giving them peace of mind that no one is intruding on their property, or other damage, for example, storm or flood damage, is apparent. Rules for smart security cameras are the same as for ordinary security cameras as far as their legitimate use is concerned as long as it doesn’t interfere with others’ right to privacy.
Legal boundaries for homeowner security camera use
Installation of home security cameras is completely legal in Massachusetts and no homeowner needs to apply for a permit or notify a government agency of an installation, as long as the state’s legal boundaries are not crossed. Security cameras are legal only when they record personal driveways, the exterior of the home, garage space, etc. They become a legal risk if the cameras can view any part of a neighbor’s property. Privacy rules in Massachusetts mean that a neighbor could take legal action if they felt that a security camera or cameras was capable of viewing any part of their own property without prior agreement. A neighbor’s camera or cameras that are pointed directly at a window or space in which there is a bedroom, bathroom or other private area would be of definite concern.
Action that can be taken if there is a concern about personal privacy
Deliberately installing a security camera in such a place that it invades a neighbor’s privacy is rare. Most likely, it would have been an oversight. The most sensible solution for the neighbor who feels their privacy is being compromised is to talk to the owner of the camera(s) and convey their feelings about it. In cases where the camera installer refuses to move the camera, then there is the possibility that the affected party may contact an attorney to find out what legal action they can take to resolve the issue.
Legal boundaries for landlord and business owner security camera use
While security cameras are widely used legally by many types of businesses, including rental properties owned by landlords, there are again limits put on their use to protect tenants, customers and workers from an unwanted invasion of their privacy.
For example, while landlords may install security cameras in hallways and the outside of their own rental properties, they cannot install cameras inside a rental property they have rented to tenants. Business owners have the right to install security cameras wherever they think there could be a security risk to their business, but cannot deny users of certain spaces their legal right to privacy. Restrooms, changing and locker rooms are the most common places where users, whether they are customers doing some shopping or workers in a workplace, expect to have privacy from surveillance.
Audio recording by security cameras is a legal risk in Massachusetts
Audio recording by security cameras is illegal in Massachusetts unless the owner of the audio recording device (the security camera) and the person or persons whose sounds and voices are being recorded have a mutual agreement that this sort of recording is permitted. Audio recording which is done without mutual consent could be considered a criminal offense in Massachusetts.
Fake security cameras are legal in Massachusetts
Homeowners may decide to risk the use of fake security cameras because they are cheaper than real ones and this is perfectly legal. However, it only makes sense that homeowners who point a fake camera at another neighbor’s property, unintentionally or intentionally, may invite complaints, even if technically the camera cannot record video or audio material. It may still be regarded as an invasion of that neighbor’s privacy.
Tenants’ rights and security cameras
Tenants who wish to install security cameras on or around property they are renting generally have the same right to do so as their landlord as long as the privacy of other tenants is respected and no potential damage is done to structures in or outside of the rental property. Tenants who feel more secure with security cameras should also read their tenancy agreement carefully before installing anything.
Talk to an attorney about security camera use or misuse
If you are a homeowner, or other property owner who is facing legal action against you for the use of your security camera despite your belief it does not compromise anyone’s privacy, or a person who has been subjected to loss of privacy rights, talk to an attorney about your legal rights and options under Massachusetts privacy laws.