If you’re selling a home and preparing for an open house, you may be wondering what is and isn’t permissible. In particular, many homeowners wonder about the laws regarding recording devices like hidden cameras within the home. To shed some light on this issue, Justyna Johnson – Edina Realty in Woodbury, MN, has shared a helpful guide about Minnesota and Wisconsin laws regarding the use of hidden cameras during a showing.

Selling a Home? What to Know About Hidden Cameras During a Showing

Rules for Home Videotaping in Minnesota & Wisconsin

Many homeowners install hidden cameras for the security of their families. These devices can capture critical video evidence in the incident of a burglary, as well as help homeowners keep a watchful eye on their children and pets.

Each state has its own set of rules regarding hidden cameras and recording devices. In Minnesota and Wisconsin specifically, there’s a need to distinguish between video recording without sound versus recording audio conversations. Generally, residents are permitted to videotape within their own homes, even if it’s done secretly. The act of exclusively recording video without audio is permissible, even without the subject’s knowledge that they’re being taped, provided it’s not an invasion of privacy. Taping someone with the intention of watching them undress, such as in the bathroom or shower, is considered an invasion of privacy and is not permitted.

Laws Regarding Recording of Audio Without the Speaker’s Consent

When it comes to audio recording, the regulations are much more stringent. Although it’s permissible to record a visual video, it’s against the law in Minnesota and Wisconsin to use electronic means to intercept an oral communication. This is defined as a conversation between two or more people that’s had with the reasonable expectation of remaining private. The laws are typically meant to address the issue of wiretapping, but they do extend beyond that as well. In the case of an open house, for example, a recorded conversation between prospective buyers and their agent would be considered a breach of privacy. One exception is that someone involved in the discussion can record the conversation that they themselves are in. However, when selling a home, you as a homeowner are not allowed to record it, being an outside party.

If you’re selling a home, put your trust in Justyna Johnson – Edina Realty. As a top local REALTOR® and listing agent, Justyna helps clients list their homes for sale and enjoy a speedy selling process. She also offers a TRUSTimate, which is an accurate, free online property report. Text HOME to (651) 501-2345 today — you won’t receive calls, spam, or sales communication, just free facts from your local top REALTOR. Give her a call today at (651) 501-2345 or visit her website for more information on her real estate services.