Recording device found

[Alex6]

Jurisdiction

Massachusetts

I came home one morning and I look up in the corner where we have a bush planter and there's a hidden camera in there I saw it because of the glare. I have never seen this before and we live in a very safe neighborhood so I do not know the laws behind this. Can I not walk around my house freely without a camera watching my every move anymore, or anything else for that matter? I don't own the house but I am a legal resident.

 

[army judge]

I suggest you speak with the owner.
Surveillance cameras appear most everywhere.
You have no legal expectation to privacy in public areas.

 

[adjusterjack]

Can I not walk around my house freely without a camera watching my every move anymore, or anything else for that matter?

Over-react much?

The camera isn't watching "every move" you make and certainly isn't watching you walk "around" your house. It's set to cover a particular view across the front of the house, likely around the driveway and front entrance.

Aside from there being nothing illegal about it (as long as it's not recording your conversations), it's as much for your own security as for your LL.

If somebody breaks in and steals your stuff, wouldn't you want them identified on camera?

 

[Alex6]

Over-react much?

The camera isn't watching "every move" you make and certainly isn't watching you walk "around" your house. It's set to cover a particular view across the front of the house, likely around the driveway and front entrance.

Aside from there being nothing illegal about it (as long as it's not recording your conversations), it's as much for your own security as for your LL.

If somebody breaks in and steals your stuff, wouldn't you want them identified on camera?

The problem with that is I don't know how long that has been there for, or if my girlfriend has been recorded. Shouldn't I have been made aware there is a hidden camera?

 

[KyleW]

Well I do have some questions:
Is this inside the premises?

If it is inside, shouldn't be an issue as long as it's not in a private area like a bedroom or bathroom since from what I recall you are entitled to privacy in those areas but don't quote me on it, look into it.

When was the last time your landlord entered the premises?

I don't think your landlord is able to enter your premises all willy-nilly like without informing you that he/she is coming over. Apparently the common consensus is 24 hours notice unless there is an emergency or if it appears to be abandoned. I bet if they looked in the window they would see a couch or table right?

So you may want to look into that

www.mass.gov/ocabr/consumer-rights-and-resources/housing/tenant-and-landlord/tenant-rights.html
Look a little more than 1/2 way down. "Rights Against Unlawful Entry"

 

[Alex6]

Well I do have some questions:
Is this inside the premises?

If it is inside, shouldn't be an issue as long as it's not in a private area like a bedroom or bathroom since from what I recall you are entitled to privacy in those areas but don't quote me on it, look into it.

When was the last time your landlord entered the premises?

I don't think your landlord is able to enter your premises all willy-nilly like without informing you that he/she is coming over. Apparently the common consensus is 24 hours notice unless there is an emergency or if it appears to be abandoned. I bet if they looked in the window they would see a couch or table right?

So you may want to look into that

www.mass.gov/ocabr/consumer-rights-and-resources/housing/tenant-and-landlord/tenant-rights.html
Look a little more than 1/2 way down. "Rights Against Unlawful Entry"

You have been helpful. Thank you!

 

[Michael Wechsler]

It's actually a good question but it would likely involve state and local / municipal law and potentially even HOA or condo / coop rules. In some states video recording that concerns the property of another can be unlawful if the video also includes audio recording. While there may be privacy laws that might cover this issue, most of the time I've heard it unlikely to cover your situation. What you can do is have a discussion with your neighbor. I have read about some putting up lights that could cause interference with the video recorders ability to focus and record when facing a landowner's property.

 

[Alex6]

It's actually a good question but it would likely involve state and local / municipal law and potentially even HOA or condo / coop rules. In some states video recording that concerns the property of another can be unlawful if the video also includes audio recording. While there may be privacy laws that might cover this issue, most of the time I've heard it unlikely to cover your situation. What you can do is have a discussion with your neighbor. I have read about some putting up lights that could cause interference with the video recorders ability to focus and record when facing a landowner's property.

Would it be unlawful to record audio anywhere?

 

[Michael Wechsler]

No. Some recording is acceptable. It is challenging when you deal with publicly accessible or publicly visible spaces.