Can You Sue a Hotel for Hidden Cameras? Legal Insights and Your Rights

Every successful hotel should have some form of surveillance system in place, including cameras that are strategically placed to overlook common areas and the reception desk. Recent reports suggest that about 95% of hotels are currently investing in security cameras to protect customers, staff, and their business. All that said, is it legal to have cameras in hotel rooms?

Below, we’ll go over in more detail which laws protect a person’s right to privacy and what you can do if you discover your rights have been violated by a hotel, Airbnb rental host, or another private party.

Is it Legal to Have Cameras in Hotel Rooms?

Are hidden cameras illegal? The answer depends on the circumstances. Hidden cameras that are out in a public setting where individuals don’t have any reasonable expectation of privacy may be legal. This is especially common in businesses, since cameras help reduce violent crime, prevent theft, and resolve disputes.

The legal implications of cameras that are in more private spaces, though, are more serious. In general, hidden cameras are not permitted in any space where a person would expect to have privacy. This includes spaces like bathrooms, changing rooms, and bedrooms. In the context of a hotel room, guests would have a reasonable expectation of privacy within their privately rented rooms, so it would be illegal to install any kind of hidden camera in a hotel room.

Federal Laws on Hidden Cameras

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is the most frequently cited federal law that protects citizens from being unfairly monitored without their knowledge or consent. Under this law, any “wire, oral, or electronic communications” that is unauthorized and nonconsensual is prohibited. Similarly, a citizen’s Fourth Amendment Rights protect them from an unreasonable search and seizure in their home, car, or private residence. While this right is typically breached by law enforcement officers, it’s possible to apply it in a civil lawsuit where someone has unreasonably recorded you.

The federal Video Voyeurism Prevention Act also makes it a crime to take images or video of unsuspecting nude or partially nude person when they have a reasonable expectation of privacy.

Can hidden camera footage be used in court? In general, it depends on the circumstances of the camera footage and how it’s being presented in court. In general, footage that was illegally obtained will be inadmissible in court as evidence against you. Your legal team can, however, submit specific footage into evidence that backs up and proves your claims. For instance, if you’re pursuing a civil claim for compensation, then you can use the footage in court as proof that you were illegally recorded.

State Laws and Regulations

In California, privacy laws are in place to protect your rights. The most frequently cited state laws on surveillance stem from California Penal Code Section 647(j)(3), which makes it a crime to invade a person’s privacy by using a camera where they expect privacy.

Hidden Cameras in Airbnb and Short-Term Rentals

If you own your own home and you’re only recording yourself, then it’s fine for you to install security cameras. If you’re using your home as a rental, though, then it’s not legal for you to install hidden security cameras, even if they aren’t operating when you’re renting the unit. Your renters will have a reasonable expectation of privacy in the rental.

It is legal for you to install a hidden camera on the outside of your rental unit, since renters should reasonably have a reduced expectation of privacy when they’re outdoors.

Legal Actions Against Hotels and Hosts

When your privacy rights have been violated through unauthorized surveillance, hidden camera lawsuit attorneys can help you seek legal recourse. It’s possible to pursue a personal injury lawsuit against the hotel, Airbnb host, or another responsible party when you’ve suffered losses as a result of the recording incident. You can pursue damages in the form of emotional distress, pain and suffering, defamation, and more depending on the extent of your losses.

Steps to Take if You Find a Hidden Camera

Hotel owners have a legal duty to take reasonable steps to secure hotel guest privacy. If you discover a hidden camera in your hotel room, then there are specific steps you should take to uphold your rights and keep yourself safe.

Take a Photograph as Proof and Get Out of the Surveillance Zone

First, get out of the surveillance zone immediately to protect yourself and keep you from continuously being recorded. If possible, then you can attempt to look at the outside of the camera to see if it appears to be live streaming. If so, then your best bet is to remain outside of the camera view as much as possible until you’ve later involved the police. If the person on the other side of the stream catches onto the fact that you’ve seen their camera, then they could disengage and slow down any future investigation.

Next, take a photograph of the hidden camera exactly as you discovered it. You might want to take a few photographs of the location of the hidden camera and the perspective the camera would have on the room itself.

Contact the Police to File a Report

Next, contact the police about the unauthorized use of cameras in your hotel room. An officer will file an official report about the incident and send out an investigator. The police will work on tracking down who planted the camera and work towards protecting anyone else from getting secretly recorded.

Contact the Hotel

You’ll also want to inform the hotel about the camera in your room. Ultimately, the hotel is responsible for ensuring hotel room privacy for every guest, so they could be liable for the situation even if it was a guest who planted the hidden camera. To leverage your rights, though, you’ll need to make a timely report to the hotel so they can also investigate the situation.

Consulting with a Legal Expert

Do you believe you were recorded on illegal hidden cameras? When your rights have been violated, you have legal recourse. You can file a legal claim against the party responsible for the hidden camera and pursue financial compensation for the losses you experience.

Depending on the situation, you could face significant distress, especially if video footage of you became public or was posted online. Consulting with a personal injury attorney can help you get a better idea of how to get started on your claim.

Here at Kermani LLP, our team of legal experts has been fighting for justice for our clients since 2011. If you’ve experienced a privacy violation, then our team wants to hear from you. Schedule a meeting with our firm now to talk to our lawyers in more detail about what happened.