“Nanny Cams” and Pennsylvania Law

Parents are increasingly using “nanny cam” technologies to ensure that the people they hire to care for their children are doing their jobs well. The use of these surveillance cameras, however, raises many important legal considerations.

Under Pennsylvania law, you cannot make an audio recording of another person without making the speaker aware that you are recording. You also cannot listen in to a conversation when someone does not know you are listening. This rule does not always apply if the person you record is in a location where there is no reasonable expectation of privacy. A reasonable expectation of privacy essentially means that the person has no reason to suspect someone can observe them. As a result, many nanny cams do not include audio-recording, and are instead restricted to video. What if your nanny cam does record audio?

In the wake of a recent Pennsylvania Supreme Court decision, Commonwealth v. Mason, the rules regarding nanny cams have significantly changed. Previously, a caretaker or nanny had an expectation of privacy throughout the home in which they worked. Following the decision in Mason, however, the law no longer recognizes a protected privacy right for caretakers within the bedroom of the children under their care. Consequently, parents no longer strictly require consent to record a caretaker via audio and video within their children’s bedroom.

The fact that a nanny cam is permitted in a child’s bedroom does not mean that it can be set up just anywhere; a nanny cam cannot, for example, be set up in a bathroom since a caretaker retains a reasonable expectation of privacy there. These restrictions differ for live-in nannies and caretakers; in those cases, the caretaker retains an expectation of privacy within their own bedroom and exclusive living spaces. As a rule, these privacy expectations do not apply in the same way to “public” areas of the home, such as the living room or kitchen.

When considering whether to utilize a nanny cam, you should consider the following:

1. Location: As stated above, the site of a nanny cam plays the largest role in determining whether it violates privacy laws. Ensure that your nanny cam is in an area where privacy protections do not forbid its usage.
2. Consent: While some of the usefulness of a nanny cam depends on the caretaker being unaware of its presence, there are far fewer privacy concerns when the caretaker has expressly consented to being recorded (or when you’ve given them written notice that they are being recorded, regardless of whether they consent).
3. Notice: Displaying visible signs or a written notice of surveillance can establish that there is no expectation of privacy within a surveilled area. Alert visitors and caretakers to the presence of recording devices by clearly placing notifications of surveillance within your home.

The proliferation of these technologies has implications for both caretakers and their employers. It is important for caretakers to be aware of the potential presence of recording devices whenever they care for children. For parents and other employers of caretakers, it is essential to be aware of the privacy protections that restrict the use of surveillance devices like nanny cams since there can be serious legal consequences for violations of these laws.

If you have questions regarding the use of a nanny cam in your home, or if you believe your right to privacy has been violated by an employer, contact the attorneys at Cornerstone Law Firm.