My neighbor has decided that she would like to place a security system in her back yard to record if neighbor hood pets are going into it. I would like to know what the Laws are in Pennsylvania pertaining to this system. Can any part of my yard be captured? Are signs required to be posted that she has a recording security system? And what are my rights if my yard/house is being recorded?
What are the Pennsylvania Laws on setting up a Home Security Camera/System (possibly hidden) In my back yard?
4 Responses for “What are the Pennsylvania Laws on setting up a Home Security Camera/System (possibly hidden) In my back yard?”
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It is illegal to record a conversation in Pennsylvania without the permission of all parties involved. See 18 Pa. Cons. Stat. §5703. These laws are so strong, that even a police officer was found guilty of the offense when he recorded a routine traffic stop in PA. Consequently, a security camera that captures sound could be illegal if it picks up a conversation you are having by the fence with someone else for instance. It’s actually a 3rd degree felony and allows one to collect civil damages in excess of $1500 or actual damages, which ever is greater, although I am not certain of the precise dollar amount.
Pennsylvania also recognizes the civil tort of invasion of privacy. The question is whether an average person in the community would find the act to be unreasonably intrusive. This will depend on what your neighbor is able to record from the angle of the camera. If it is merely a portion of your backyard, this may not be an unreasonable intrusion. If the camera records conduct within your home, this could be an unreasonable intrusion.
The Pennsylvania Constitution guarantees a greater right to privacy than the rest of the country. This is because our constitution is older than the federal document. Your best course of action would be to inform your neighbor that Pennsylvania privacy laws prohibit audio recordings without the permission of the person being recorded and that video recording that constitutes an unreasonable intrusion is a tort that will make the responsible party liable for damages. Your neighbor can legally record her own property without notice, but recording other people with or without notice can lead to legal trouble.
If it is visible from her property she can photograph it. No signs or other notification are required.
Yards okay just not aimed into your windows. When in your yard you have no expectation of privacy
If the system only covers her yard, she can set it up any way she likes. She does have to have a small sign somewhere that says the premises may be subject to electronic monitoring but does not need to specify where and what kind.
If the system can view activity into your property she either needs to re-aim the camera or get your permission, IF the part of the property being recorded is not visible from the street (publicly viewable areas have no expectation of privacy).