by tazluver on March 26th, 2006

tazluver

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Is it legal for me to secretly record what my husband does in our house while I'm away?

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  • by RJTRIES on March 27th, 2006

    RJTRIES

    Define record. If you record phone conversations, you may be in violation of the law, depending on the state in which you live. However if you are talking about video camera recording, then there is no law against any recording of events that occur within your house in any of the 50 states, or US territories. Why? Because, if you own a property, anyone coming into your house implicitly gives up their right to privacy under common law for the rules and regulations that you set forth in your house. For example, you may not have doors to any rooms in your house by your own choice. If someone chooses to use the bathroom in your house ( without doors) then they make a conscious decision to do so--even though they might feel offeneded. Offense does not equal a violation of the law. Second, you are entitled to secure your posessions and a video camera allows you to do that. It doesn't matter if you are securing them from a family member or a robber, the law allows you to do so.

    The only caveat is that you cannot record anyone who is not on your property without their consent. You cannot listen to the conversations of individuals above the age of majority without their consent. (You have a right as a parent to monitor all actions of your children under the age of 18 if you so choose, even if you want to listen in on their phone calls)

    Clearly, noone would go to such extremes, but you are permitted to do so by the laws in all the states and territories.

    the bigger question is, why would you want to do this?

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