Is a security camera legal during a real estate showing?
Question Details: I am a homeowner with several security cameras, both inside and outside of my property in "common" areas, not bathrooms or places where a guest would be normally expecting privacy. Does it follow MS law of "one party consent" for me to put a sign up conspicuously on the table inside the house that states, "Smile, you're on camera"? My recording system is in place for my wife and son to feel safe while I am away at work for extended periods. There is no intent to secretly record but I do not want to take down my security system with strangers in my house.
One party consent goes to audio recording: you are allowed to videotape common or non-private areas of you own home, so long as only video, not audio, is captured. While it would be a good idea to leave a notice in a prominent place that there are security cameras on the premises, you are allowed to videotape in your own home, so long as it not in bathrooms, etc. Again, the issue is, avoid audio--it is audio recording that can run afoul of the wiretapping laws.
So long as the recording that you are doing is video only, then you have that right. A homeowner can record on their own premises. However, due to what is known as the “expectation of privacy”, videotaping someone is not legal without consent in a room where they would expect privacy (such as a bathroom or other places where they are engaged in intimate acts). That having been said, if you are also audio recording then in MS, you can only do so with the permission of at least one of the parties to the recording.