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Author: Amber Lin

Security cameras are important safety system devices. But are there any instances or circumstances where security cameras are illegal? Many people have been imprisoned or fined because of how they used their security cameras. As these devices become increasingly prevalent in public safety, commercial security, and personal applications, striking a balance between ensuring public order and protecting individual privacy has become a key issue for the government and various stakeholders.

Common Types of Security Cameras on the Market

When it comes to security cameras, most people might only think of the camera lens. In fact, a complete security camera cannot only rely on the camera; it also includes a recording device, storage equipment, and a signal transmission source. Common types of security cameras available in the market include IP cameras, high-definition cameras, infrared night vision cameras, and more. Additionally, there are specialized cameras designed for specific purposes, such as panoramic cameras (which can cover a larger area) and hidden cameras (used for covert monitoring). Depending on the monitoring needs and environmental conditions, users can choose and combine appropriate products to achieve the best security results.

The Risks of Security Cameras – Do You Need Consent To Record Someone with Your Home Security Camera?

The most common infraction of security camera owners is using security cameras to invade and violate other people's privacy. However, there are certain unclear areas. For example, what if guests come over and you have security cameras in your house? Is the living room considered a private space or a public space? Or, what if someone walks by your house and they were captured by your outdoor cameras? Can they sue you because they were recorded without their consent?

The laws aren't overly explicit and they vary by state. So let's look at federal laws that influence the legality of security cameras in such instances.

Federal Laws of the United States

At the federal or national level, there are two sets of laws you'll want to think about when setting up your home security cameras: consent laws and expectation of privacy laws.

• Expectation of privacy laws: Generally, it's legal to record video in public. That goes for your everyday doorbell cameras, security cameras, and even your phone cameras. It's also legal to record within your property, so long as you don't do it in areas with a greater expectation of privacy. Areas with a greater expectation of privacy include bathrooms, bedrooms, changing rooms, locker rooms, etc. As a good rule of thumb, keep security cameras off of those areas.
• One-Party Consent Laws: For the audio recording of private conversations, this law (18 U.S.C. 2511(2)(d)) allows recording of phone calls or, most importantly for home security cameras, in-person conversations with the consent of at least one of the parties. That said, some states have an all-party consent law, which means all parties in the conversation should give their consent when conversations are being recorded. Those states include California, Delaware, Florida, Illinois, and Maryland, among others.

Legal Regulations in Taiwan

In Taiwan, the regulation of security cameras is primarily based on the following laws:

•  Personal Data Protection Act: This law clearly stipulates that any image data capable of identifying an individual is considered personal data. The collection and use of such data must comply with the principles of legality, fairness, and necessity. Whether the cameras are installed in public spaces, commercial areas, or private domains, they must be accompanied by advance notices informing those being recorded, thus safeguarding personal privacy.
•  Criminal Procedure Code: In criminal investigations, security footage often serves as crucial evidence. However, the process of obtaining such footage must adhere to legal procedures to ensure the evidence is both lawful and effective, avoiding any procedural flaws that might undermine the investigation or trial.
• Administrative Procedure Act and Local Regulations: In certain contexts (for example, in kindergartens or daycare centers), the use of security cameras is also governed by the Administrative Procedure Act. This act mandates that when reviewing security footage, a clear procedure must be followed to ensure that the rights of those involved are respected. Additionally, various counties and cities may establish supplementary regulations based on local needs to further detail the management and review procedures for security systems.

In Taiwan, the regulation of security cameras is mainly based on the Personal Data Protection Act, the Criminal Procedure Code, and the Administrative Procedure Act, supplemented by local regulations and industry self-regulation measures. These efforts aim to protect individual privacy while maintaining public safety. With the advancement of technology and evolving practical needs, future regulations and management measures may be further adjusted and improved to achieve an even better balance and protection.

*Disclaimer: This article is for informational and educational purposes only. It does not constitute legal advice and is not intended for commercial use. The content is based on publicly available information and general legal principles. If you believe this article infringes on any copyrights, please kindly contact us, and we will promptly review and remove the content if necessary. Readers should consult a legal professional for specific legal guidance regarding security camera laws.

Reference:

1. Are Security Cameras Legal?
2. 監視器安裝懶人包！3分鐘了解監視器相關法規與注意事
3. What Is the 'Reasonable Expectation of Privacy'?
4. Issue of Personality Rights for Installation of CCTV for Crime Prevention