Discreet Investigation Service

Legalities of Hidden Cameras/Audio Recorders and Accessing Phones/Computers

6/12/2019

                As technology has advanced throughout the years so has people’s ability to find more creative and secretive ways to have affairs. It may seem easy to install a hidden camera, search through a phone to find a text message or get a hold of an email to prove the affair. However, there is no legal way other than a subpoena to access the last two and hidden cameras are little more complex when it comes to the legality of them.

                The laws are very restricting when it comes to using hidden cameras/audio recorders in your marital or shared residence and/or vehicle.  A resident of a home has the right and expectation of privacy therefore a hidden camera without their knowledge would be deemed illegal. Just because you are the co-owner of the residence does not mean you can install cameras/audio recorders without your spouse's, partners or roommates’ consent or knowledge. The same would apply to a vehicle, even if it is solely in your name. If the vehicle is a marital asset it is not legal and the same would go for a vehicle you have given another person access to.

                Phones are another area of confusion and people often confuse the idea of “ownership.” Just because the phone is on your account, in your name or because you pay the bill it doesn't give you access to the calls, texts or actual conversations on that phone. Although the evidence may be helpful it is not legal and could get you into serious trouble.

                Finally, a computer someone uses for entertainment, email, social media, etc. is not fair game. The computer is considered the vessel the person is using to get into private accounts and the fact it is on your computer doesn't make it public information. The computer is no different than a phone and any program or monitoring of said computer is not legal. This strictly applies to computers in your marital and or shared residence and applies to non-married couples and roommates.