For Your Eyes Only: Surveillance Cameras and Privacy

December 18, 2016

By Keffer Hirschauer LLP

Surveillance cameras seem to be omnipresent. Businesses use them. Jails and prisons use them both inside and outside of their facilities. And many homeowners use them to keep their families and property safe and secure. In Indiana, those businesses, organizations, or individuals who utilize surveillance equipment need to be mindful of what they are recording.

Pursuant to Indiana Code 35-45-4-5, a person who knowingly or intentionally peeps into an area where an occupant of the area reasonably can be expected to disrobe, including: (a) restrooms; (b) baths; (c) showers; and (d) dressing rooms; without the consent of the other person, commits voyeurism as a Class B misdemeanor. The crime is level 6 felony in Indiana if a camera is used. That is, in Indiana, cameras are prohibited from recording bathrooms, dressing rooms, and bedrooms without a person’s consent. The crime can also be a felony if a person publishes an image, makes it available on the internet, or transmits or disseminates it to another person.

There is little doubt that security companies or law enforcement facility who regularly install or use camera systems are aware of these regulations and prohibitions. However, if you are a homeowner or a small business owner who has installed a system or is thinking about it, it would serve you well to contact a criminal defense lawyer or an administrative law lawyer to obtain legal advice on whether your system is lawful and legal.

And, if you are someone who believes you may have been improperly recorded, you might benefit from seeking competent advice from a civil rights lawyer to assess whether you may have a claim against a business or individual that recorded you. As the law implies, you have an expectation of privacy in certain circumstances that cannot be invaded without your consent.

Contact us today if you have questions or believe your constitutional, criminal, or familial rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at 1-800 NOT-GUILTY or (317) 857-0160.