Security Camera Laws in Massachusetts
May 28, 2024 3:22 pmSecurity Camera Laws in Massachusetts
Security cameras provide you with peace of mind while deterring crime. Video surveillance cameras have been shown to reduce crime by 13% compared to camera-free areas.
While home and business cameras can protect your property, you need to follow privacy laws when installing your system. Understanding business and home security camera laws in Massachusetts will help you stay secure while avoiding legal issues. Below, we cover everything you need to know about federal and state security camera laws for residential and commercial properties.
Federal Security Camera Laws and Regulations
There are no federal home security camera laws limiting where and how you can use security cameras. Instead, the government has established that oral, wire and video recording is covered under the Fourth Amendment, keeping you from government surveillance under certain circumstances.
The Fourth Amendment protects you from unreasonable searches and seizures. Essentially, if you’re somewhere you have a reasonable expectation of privacy, like inside your home, cameras cannot record you without your consent.
This expectation of privacy also extends to spaces like bedrooms, bathrooms and locker rooms. If you’re in a hotel or restaurant, they can’t record you inside the bathroom or your room, but they can record you in the halls or at a restaurant.
Massachusetts Security Camera Laws
The federal government leaves security camera regulation up to the states. Massachusetts has no law explicitly banning or allowing security cameras. Instead, the state enforces a right-to-privacy law, similar to the expectation of privacy used by the federal government.
Anyone who wants to place security cameras and record must avoid placing them in spaces that would affect someone’s right to privacy, such as bathrooms, spaces inside your home and hotel rooms. Spaces like your front porch or an open field are not private places, so cameras are allowed.
Massachusetts is also a two-party consent state. This means you have to inform the other person you’re taking an audio or wire recording unless it’s obvious that recording is happening. Two-party consent laws protect citizens from any secret recordings or attempts to help another person secretly record someone. However, Massachusetts security camera laws do not cover video recordings without audio as long as you aren’t stepping on someone’s right to privacy.
Home Security Camera Laws in Boston
Boston follows Massachusetts laws on home security cameras, allowing video recordings that maintain your right to privacy. If your neighbor has security cameras pointed at your house, they must avoid recording your home’s interior. Your driveway is fair game for video recording, but recording your backyard depends on what they’re recording. Again, your Boston neighbors need consent to take audio recordings.
Massachusetts and, therefore, Boston do prohibit video recordings under specific circumstances. You cannot record nude or partially nude individuals, intimate parts or under or around people’s clothing without consent. This protects people from harmful or privacy-violating surveillance. For example, you might have to move your security cameras if they record a neighbor sunbathing in their backyard. Try to avoid recording inside or on other people’s property to stay on the safe side of Boston privacy laws.
Security Camera Laws for Businesses
Investing in security cameras is a great way to record potential illegal activity or prevent these events. However, businesses should closely follow Massachusetts security camera laws to avoid employee and customer privacy violations. Massachusetts protects the privacy and information rights of employees and domestic workers, so ensure your recordings follow right-to-privacy requirements.
Can You Record Employees?
As a business, you can set up cameras to record non-private spaces to monitor employees and customers. Recordings in private spaces like bathrooms and locker rooms are off-limits, even for video-only surveillance. While it’s not always required, you should post signs telling employees and customers about security cameras to inform everyone about your video recordings.
It’s also important to provide employees with a written policy around recording. This allows you to take employee questions and ensure they are OK with video recording while in non-private spaces. Written policies and recording notices help protect your business from potential gray areas around the expectation of privacy, like at the front office or reception desk.
Understanding Security Protections
Regular employee recording is allowed, letting you monitor your operation. However, businesses cannot use means like security cameras to interfere with employees’ rights to unionize. Videoing or photographing employee union activities can get you in trouble with the National Relations Labor Board. Recording union activities can be seen as an attempt to prevent unionization, so consult a lawyer if you’re dealing with unionization and have questions about your cameras.
Finally, always follow Massachusetts regulations on protecting personal information from data breaches or unauthorized access. Using secure recording devices and data protection practices will keep your employees’ information safe and guard your business against fines and liabilities.
Do I Need a License to Install Security Systems?
Yes, you need a license to install security systems in Massachusetts. The state requires everyone working with security systems to have training and certifications. In Massachusetts, anyone looking to install, repair, maintain or replace a security system needs these qualifications:
- A valid electrical or systems license
- An S-license
- A Certificate of Clearance
Getting your systems license means undergoing hours of supervised training and board-approved education. Once you have this license, you can apply for your S-license and work with security systems.
If you work with security systems without meeting these qualifications, you could face $200 to $1,000 in fines or incarceration time. It’s essential to work with qualified professionals and installation companies when getting a security system — you want to ensure a fully protected home or business.
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