Do You Really Want a Spy Camera with Audio?

Some spy cameras do not come with audio – but why not!?

Legal Reasons

To help protect you and others, some spy cameras do not come with audio recording capability. Federal Wiretapping Laws (and state and local laws) require different kinds of “consent” during monitoring and/or recording of some situations. Some states require the consent of “one-party” to make a recording, and some require “two-party” consent, where both parties in a conversation must agree to the recording. Of course, this does not mean that a spy camera which includes audio makes usage of the spy camera legal.

The responsibility and legal burden to use a spy camera legally, ethically, and morally is always the responsibility of the spy camera user. Please consult with your attorney to make sure that you are using a spy camera in compliance with all applicable laws.

Storage Space Requirements

Audio and video recordings use a significant amount of storage space, depending on the quality of the recordings. For example, 4K resolution more than doubles the storage space required for 1080 HD resolution video recordings. The inclusion of audio recordings uses a significant amount of storage space beyond just the video requirements. If storage space is at a premium, for example when the hidden spy camera is in a hard-to-reach location and does not livestream, not having audio recordings significantly extends the recording duration stored on the memory card.

What laws apply to my use of a spy camera?

If something is legal, it may not be ethical. You may legally be able to monitor your nanny with a spy camera, but if you see or hear something that is very personal or private to the nanny because the spy camera is a secret, it would be unethical to abuse this information. For example, if the nanny shares a secret heartache with an infant while comforting the infant, and you hear it, using this information would be highly unethical.

If a recording is taken illegally, it may be inadmissible in court. This means that the “offender” cannot be charged. Also, the spy camera owner may be criminal charged with a felony and convicted, resulting in fines/probation/jail time and the loss of some significant civil rights and loss of some employment opportunities. Additionally, the spy camera owner may be sued in civil court by the “offender” and win. All because the spy camera owner was trying to protect a loved one but didn’t know the law.

Employer and employee relationships add yet another complication to the legality of video and audio monitoring. Even if it is legal to monitor employees in a specific situation or location, an employer may want to notify employees of the existence of monitoring to avoid future legal issues. An individual’s or employee’s expectation of privacy provides an ethical baseline for monitoring even where use of spy cameras may be legal.

Spy cameras must be used legally, morally, and ethically. Always obtain qualified legal advice before using a spy camera so that you do not get yourself into an unexpectedly sticky legal situation.