Can my son wear a hidden camera with audio to his school?

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Can my son wear a hidden camera with audio to his school?

I’m concerned with how he is being treated.

Asked on September 1, 2019 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

NO! He cannot do this without him and you facing considerable legal liability.
1) Audio: if he records any conversations of which he is not a participant, then unless at least one of the persons speaking consented to being recorded, he committed a crime equivalent to wiretapping. It is illegal to record conversations in OH unless at least one of the speakers consents to it--which means that if bullies, for example, direct comments at him but he does not respond, so that he is not in the conversation, he illegally recorded them. And any passing conversations he picks up will be illegally recorded.
2) Video: if he lets the camera run, even briefly, in any place where the people being filed have a reasonable expectation of privacy--e.g. a bathroom, a lockerroom, a guidance counselor's or school administrator's office, etc.--that is also illegal.


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