Like many parents, you may be considering a hidden or covert camera to record the interaction and behavior of your babysitter and your children while you’re away. As you can see these so-called nanny cams or spy cams can be hidden in a variety of household objects and record activity without even a glimmer of suspicion on the part of your child care provider. But is it legal? Are you risking criminal charges or a civil lawsuit by taping your sitter? The answer is yes, your nanny cam in most instances is perfectly legal. You will need to check on audio recording laws for more information about the necessary consent to an audio recording. Most states will allow you, the parent, to consent to the recording on behalf of your minor child.

The privacy issues are about having a reasonable expectation of privacy and as long as the nannies understand that they do not have an expectation of privacy while they’re in your home, then whatever you’re tape recording is something that they can’t have a real issue with. Also, if they’re committing a crime against the child, which is the lowest denomination of what a nanny cam might find, more along the lines you’re going to see behavior that you don’t like.