When Sharing Your Video Doorbell Footage Could Land You in Legal Trouble

Whether you have a video doorbell (I know I do), or know someone who does, being informed about video doorbell footage laws is key. After all, the last thing you want to do is think you’re protecting yourself, home, and/or your packages, and end up accidentally breaking the law.

Ahead, we chat with lawyers, most of whom specialize in data privacy and breach cases in the United States, to inform us about the legality of filming and storing video doorbell footage, including how long you can store it, whether you can legally share any footage, and the risks you should note if you do or are considering doing so. While the information below is a good starting point for review, it is always best practice to consult with a knowledgeable attorney in your area before installing and/or sharing any video doorbell footage of your own to ensure your safety.

Is It Legal to Film/Store Doorbell Footage?

Whether or not it’s legal for you to film and store doorbell footage depends on where (and what) you’re filming and the state you live in. “For example, in Florida there is no law that would prohibit a homeowner from filming the front of their property if the camera records the exterior, such as front yard and street (areas in which persons have no expectation of privacy),” says Hugo Rodriguez, Esq., partner at Claims Advocacy Center, a law firm licensed in Florida, Michigan, and Missouri. “However, if your camera has the capability to film the inside of your neighbor’s house through a window where privacy is expected, that would not be legal.”

He adds that whether or not the video footage you’ve recorded also contains an audio recording is another factor you’ll want to be mindful of from a legal standpoint. “Recording a conversation of two people close to each other may raise the question of whether their conversation was intended to be private, ” explains Rodriguez. “In Florida, a private citizen must have consent from all persons involved before they can be recorded. It is a felony to record a person’s conversation without their consent.” Robin D. Perry, Esq., an attorney and managing partner at Perry & Associates in Long Beach, California, notes that you should avoid recording private conversations in which you are not involved.

With the exclusion of Florida, “Most states only require the consent of one person being recorded,” says Perry. “A few, including California, where I primarily practice, require everyone’s consent if the conversation is considered private.”

How Long Can You Store Video Footage from a Video Doorbell?

If your video doorbell footage is obtained legally, our experts note that you are not legally obliged to store and/or delete the footage within a certain time period. That said, it is best to double-check the local rules in your area.

Is It Legal to Share Video Doorbell Footage?

Whether it is legal to share video doorbell footage can depend on the method by which your footage is shared and/or displayed. “If you share videos online, especially if someone is clearly identified, be careful not to make assumptions or accusations,” advises Perry. “That can open the door to claims of defamation or invasion of privacy.”

Videos become even more complicated if subjects are clearly identifiable and/or audible. You should ensure that you’re not sharing video doorbell footage that was unlawfully obtained or contains conversations that the subjects were under the impression would be private. While you might not have been aware that your recording broke the law, it doesn’t change the fact that the content of your capture did.

Simply put, it is a best practice to refrain from sharing video doorbell footage on social media and instead take it to law enforcement if there are any concerns.

Risks of Sharing Video Doorbell Footage

While you might be tempted to save and share your video doorbell footage, there are several risks to consider.

Civil lawsuits

Even if you do everything legally without breaking any video doorbell footage laws, Rodriguez notes that the subject of any of your doorbell videos can file a civil lawsuit against you. “A civil lawsuit can be filed by anyone, even if the evidence shows that there was no violation. Embarrassment and other motives can lead a person to file suit,” he explains.

Breaking housing agreements

While you might not technically break any video doorbell footage laws, it’s always important to review the fine print of any leasing or HOA agreements you may have signed before installing and posting video doorbell footage.

Social media repercussions

While you might think that sharing your video doorbell footage on social media is harmless, it can be difficult to predict the potential virality of your video, in addition to what others might do with your video. Sharing to social media, especially if it reaches a large and unintended audience, could be grounds for one to want to sue for defamation, especially if an individual deems they are not being accurately depicted, says Rodriguez.

About the Experts

• Hugo Rodriguez, Esq., is a partner at Claims Advocacy Center, a law firm licensed in Florida, Michigan, and Missouri.

• Robin D. Perry, Esq., is an attorney and managing partner at Perry & Associates in Long Beach, California. His work largely focuses on litigation and legal disputes that involve data privacy, data breaches, and complex civil matters.

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