Is it legal to record personal caregivers in our home?

UPDATED: Oct 1, 2022

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Is it legal to record personal caregivers in our home?

Our disabled son lives on his own with Personal Care Attendants (PCA’s)coming in to care for him from an agency we contract with. From time to time we get conflicting stories as to what is causing issues in the home with these workers. Are we allowed to put in cameras with sound to record these workers? What type of lawyer would I seek to ensure we are within the laws of our state? If we use recordings we could support the concerns my son has with his caregivers.

Asked on October 30, 2017 under Employment Labor Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In MN, so long as 1 party to a conversation agrees to its recording, then it is legal. Therefore, assuming that your son has the mental capacity to agree to a recording being made, then it is legal. As for using video surveillance, the same rule applies. Just note, however, you cannot videotape a person in areas in which they have a "reasonable expectation of privacy". In other words, don't put cameras in the bathrooms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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