Can Your Significant Other Put Secret Cameras In Your Home?

I've been watching Caught In The Act: Unfaithful, which is like the modern version of Cheaters. Many times on the show, if the couple lives together, the host, Tami Roman, gets permission to put cameras in their shared home. To me, that's going too far. It is definitely an invasion of privacy. But, I guess if you're trying to catch your significant other cheating, that doesn't matter. I always wonder if it's legal to do that in New York.

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Can You Legally Record Your Significant Other At Home In New York Without Their Permission?

Advances in technology have made it easy to produce cameras that are tiny and can easily be hidden, but is it legal? According to Legal Beagle, the short answer is 'yes',

New York State law gives people a right to record via audio or video on their own property, at their place of work and in public spaces. However, they must consider the privacy of others when doing so. This right does not extend to dressing rooms, bathrooms or other places that are deemed private.

So, that means your spouse, live-in boy or girlfriend, or even a roommate can film in the common areas of your shared home. The bathroom and bedroom are off limits due to privacy concerns. That's pretty creepy to me, but I bet there are many New Yorkers being secretly filmed in their homes right now who have no idea.

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According to N.Y. Penal Law § 250.45,

A person is guilty of unlawful surveillance in the second degree when:

 

For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent.

There are more instances when video recording becomes illegal. You can see them here.

***This article does not provide legal counsel or advice

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