The Security Camera Laws in Maryland: Everything You Need to Know

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Maryland, like every other state, is not immune to crime despite its rich history and stunning landscapes. Therefore, understanding Maryland’s laws regarding the installation and use of security cameras is critical for ensuring your property’s safety and security. Whether you’re considering installing security cameras at your home or business, there are several elements to keep in mind.

What are the Security Camera Laws in Maryland?

While Maryland law does not explicitly mention security cameras, they may be subject to the state’s privacy laws and regulations. Generally, it’s legal to install security cameras in public spaces without needing anyone’s consent or knowledge. However, recording audio requires the express consent of any individual likely to be recorded by the camera, as per Md. Code, Courts & Judicial Proceedings § 10-402.

Moreover, the law specifies that an individual violates the law if they “willfully use or endeavor to use any device to eavesdrop upon any private conversation”. This provision carries significant implications for the use of security cameras, emphasizing the importance of adhering to this law to avoid fines, imprisonment, or other legal repercussions.

Single-Party Consent Law in Maryland

Under Maryland law, it’s illegal to use any device to record or disclose conversations without the consent of all parties involved in the communication, as outlined by Md. Code, Courts & Judicial Proceedings § 10-402. This essentially means that for security cameras with audio recording capabilities, the express consent of all individuals likely to be recorded is necessary.

Illegal Video Recording in Maryland

In Maryland, it’s illegal to use any device to record or watch what’s happening in a private space without the permission of individuals who have a right to privacy in that place, as per Md. Code, Courts & Judicial Proceedings § 10-402. If you set up a security camera in a private setting, such as a restroom, changing room, or bedroom, you must obtain the express consent of any individual likely to be recorded by the camera.

Penalties for Breaking the Security Camera Laws in Maryland

Violating Maryland’s security camera laws can result in serious consequences. If an individual uses a hidden camera or any other device to record another person undressing or engaging in sexual activity, the individual has committed a violation of privacy in the first degree. This is considered a misdemeanor, punishable by up to five years in prison and/or a fine of up to $5,000.

Additionally, footage obtained through unauthorized surveillance may be inadmissible in court. Therefore, it’s crucial to understand and comply with Maryland’s security camera laws to avoid legal complications.

Can I Install a Security Camera in My Maryland Home?

Yes, you can install a security camera in your Maryland home, provided that it doesn’t violate anyone’s privacy and isn’t used for illegal activities. If the camera records audio, you should adhere to the all-party consent rule. If you live in an apartment, condo, or HOA, always check your lease agreement or community rules before installing security cameras. Furthermore, ensure that your security camera does not record any activity on your neighbors’ property.

Can I Install a Security Camera in My Maryland Business?

Yes, you can install a security camera in your business for legitimate purposes. However, you must notify employees and customers about the video surveillance. Signs indicating that video recording is taking place should be prominently displayed in visible areas throughout the premises. Also, ensure that the camera does not record any activities outside the business premises or in areas where customers would reasonably expect privacy, such as restrooms or changing rooms.

How to File a Complaint if Someone is Violating the Security Camera Laws in Maryland

If you suspect someone is violating the security camera laws in Maryland, you can file a complaint with your local police department. Providing as much information as possible, including a detailed description of the camera and any other evidence you have, will be helpful.

The police will investigate your complaint and, if necessary, take the appropriate action. Depending on the circumstances of your complaint, they may be able to issue a fine or even file criminal charges against the violator.

However, remember that filing a complaint does not guarantee any legal action will be taken. Yet, it could help deter others from violating Maryland’s security camera laws.

You might also want to consult an attorney to understand your legal options and decide whether filing a lawsuit is a suitable course of action. A knowledgeable attorney can explain Maryland’s laws and guide you on the best way forward.

When filing a complaint, ensure you include:

• The name and address of the person you suspect is breaking the law.
• The dates and times of the incident.
• The location where the incident occurred.
• A detailed account of what happened.
• Any evidence you have, such as photos or videos.
• The names of any witnesses.
• Any other relevant information.

Conclusion

Security cameras can offer safety and security for homes and businesses, but it’s essential to understand Maryland’s laws before installing them. These laws aim to protect individuals’ and businesses’ privacy, and any violations can result in severe penalties. Before installing a camera on your premises, make sure you comprehend the law and take steps to ensure your camera is compliant.

Security Camera Laws in Other States

• The Security Camera Laws in Maine
• The Security Camera Laws in Louisiana
• The Security Camera Laws in Kansas

FAQs

Do I need a permit for security cameras in my Maryland business?

No, you do not need a permit for security cameras as long as they are being used for legitimate purposes. However, it’s important to inform employees and customers about the ongoing video surveillance.

Can you video-record someone without their consent in Maryland?

No, it is illegal to video-record someone without their consent in Maryland if the recording infringes upon the person’s reasonable expectation of privacy. Recording in public spaces is typically permissible, but private areas like bathrooms or bedrooms require consent for recording.

Are hidden cameras illegal in Maryland?

Yes, installing hidden cameras in Maryland is illegal if used for spying or recording without the knowledge or consent of those involved. The penalties for installing a hidden camera can range from a fine to jail time, depending on the circumstances. It’s a violation of Maryland’s privacy law to install or use any device recording events in a private place without the person’s consent.