Can I do anything if my husband set up a web camera in our house that I don’t want?

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Can I do anything if my husband set up a web camera in our house that I don’t want?

My husband just purchased a web camera online and set it up in the kitchen window claiming to keep watch of the backyard, however it also records all sounds and movement in the house. I work from

home every day and I feel as though my privacy is being violated. I told him that I am not comfortable with the camera and being recorded even if it’s just voice and his exact response was,

Asked on February 1, 2018 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He cannot *audio* record you (or anyone) in your state without their consent, even in his own home. If you refuse to consent, you could file a police complaint against him and look to press charges for an unlawful audio recording.
However, he does have the right to set up a video-only camera in the house or on the property, so long as it is no set up to view any location (e.g. bedrooms, bathrooms) where people ordinarily and reasonably are undressed or engaged in hygiene, toilet, or intimate activities. This means he can set up a camera to overlook the backyard. Anyone legally occupaying a place may set up a video camera, subject to the above limitations.
He can also record movement in the home, so long as it is not recording conversations, just as it would be legal to have an alarm system with motion detectors.
Since there is at least one fundamental disagreement between the two of you, and he may be doing this because he does not trust you, you may wish to consider consulting with a family or matrimonial law attorney to understand your options and rights if this is a symptom of greater marital problems.


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