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Is it Legal to Have a Nanny Cam in Florida?

Nanny

With more and more parents working outside the home, more children are being cared for by outside people, like a nanny. It’s understandable that any parent would have concerns over how their child is being treated when they are away. The answer to many people’s concerns is the nanny camera, known as a nanny cam. But, are they legal? If you plan to get one in Florida, you need to know the laws, or the footage might be thrown out in court.

What is a Nanny Cam?

If you’ve never heard of a nanny cam, they are small cameras placed in your home that will keep an eye on your babysitter and children. They are designed to be installed in strategic locations throughout your home, so you can get a clear view of your child and nanny, but it’s inconspicuous enough the nanny won’t likely know it’s there. Nanny cams are also popular with people looking to monitor pet sitters and housekeepers as well.

Nanny Cam Laws in Florida

Installing a nanny cam is legal in all 50 states, even if you plan to videotape your nanny without permission. However, you cannot place the camera in private areas, like a live-in nanny’s bedroom or the bathroom. It needs to be in common areas like the living room or kitchen.

While recording video is legal, audio recording in Florida is where things get more complicated. If you plan to install a nanny cam that records both video and audio, you have to let the nanny know ahead of time. Florida is one of 15 states that currently require notice for audio recordings.

If you fail to give notice as required by state law, you could be criminally prosecuted in addition to having the footage declared inadmissible during court proceedings.

Pros and Cons of a Nanny Cam

There are some pros and cons to consider when you are deciding whether to install a nanny cam. These can help with child safety and help you gather necessary evidence, and it has an added benefit of helping with home security. It can also protect you from wrongful allegations of abuse or unfair treatment of a nanny, etc.

On the flip side, there are certain concerns with legal liability and violating someone’s right to privacy. A nanny cam can also give you a false sense of security. Don’t assume that any mistreatment only happens in the home, or they may be extra attentive if they suspect there is a camera.

Contact a Florida Family Law Attorney

If you are considering installing a nanny cam, you must ensure you follow all laws. If you suspect your child is being abused by a caretaker, you need to speak to an experienced and compassionate Boca Raton family law attorney right away. At Schwartz | White, we have years of experience dealing with complex family law issues, including allegations of child abuse. Contact us to set up a consultation and let us help resolve your current legal needs.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0934/Sections/0934.03.html

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