Court of Appeals for the First Circuit, which includes New Hampshire, has found a First Amendment right to film police officers performing their duties in public, such as during traffic stops. The state Supreme Court found that a classroom was not a private place where a school custodian could reasonably expect to be safe from video surveillance. The law, however, does not criminalize the use of recording devices for other purposes in areas in which there is no reasonable expectation of privacy (e.g., filming conversations on public streets or a hotel lobby). It is a misdemeanor to install or use any device to: 1) photograph or record images or sounds in a place where there is a reasonable expectation of privacy 2) “up-skirt” or “down-blouse,” or secretly photograph or record a person, regardless of whether the person has a reasonable expectation of privacy, under or through his or her clothing and 3) photograph or record “images, location, movement, or sounds” from outside a place in which there is a reasonable expectation of privacy if it would not ordinarily be audible or visible from outside the place without the device. Using a device to capture such photos or recordings - that would have otherwise required a trespass - is prohibited as well. 2000) (holding that the eavesdropping law protects only sound-based or symbol-based communication, and thus video recordings without sound do not violate the law).Īdditionally, California’s so-called “anti-paparazzi” law prohibits trespassing with the intent of capturing photographic images or sound recordings of people in “private, personal, or familial activity.” Cal. 1989) (finding that the eavesdropping law also protects physical communication, such as sexual intercourse, regardless of whether sound was recorded) People v. Penal Code § 647(j)(3).Ĭourts have found that hidden cameras that record sound can also be used as recording devices in violation of the state’s eavesdropping law, but appellate courts disagree as to whether that law can be violated when the camera does not record sound. The state’s disorderly conduct law prohibits the use of “a concealed camcorder, motion picture camera, or photographic camera of any type” to secretly record a person while in a rest room, dressing room, tanning booth or while in any area where the person has a reasonable expectation of privacy.
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