(Please note: Blogs are informational articles and do not necessarily mean we will take on the subject matter in potential cases.)
Doorbell cameras are becoming increasingly common outside front doors across the United States and beyond. They are installed to improve safety and convenience for homeowners. However, these devices are not without controversy, with many people questioning whether they constitute an invasion of privacy and whether they should even be legal.
Read on to explore the pros, cons, controversies, and laws surrounding doorbell cameras.
What are Doorbell Cameras?
Camera doorbells, sometimes called smart or video doorbells, are high-tech electronic devices with a doorbell button and a small camera encased in one gadget. They look a lot like traditional doorbells, but with a lens usually positioned above the button.
The camera lets you watch a live feed and record when someone is at your door. It is half a doorbell and half a security camera. We are constantly adding new features, including two-way communication capabilities.
But how does a doorbell camera work?
- The doorbell camera is wired to chime just like a traditional doorbell but is also connected to WiFi.
- Most devices have the option to either stream or record video using the camera. Recorded video usually requires cloud storage and a monthly subscription fee.
- Some devices use motion-activated sensors to start recording when someone approaches your door, while others are activated when the doorbell is pressed.
- When the camera is activated, an alert is sent to a connected cell phone. By opening the connected app, you can see what is happening on your doorstep in real time.
- Many devices now include a speaker or two-way talk function, which allows you to give remote instructions or warnings through the doorbell using your phone.
For most people, a doorbell camera is an added security feature that gives them instant, real-time insight. The best doorbell cameras available include models by Ring, Nest, and Arlo.
Pros and Cons of Doorbell Cameras
The popularity of doorbell cameras is rising constantly, with many people ditching their old and outdated chimes for a modern option with a range of extra features.
However, with any new innovation or high-tech device, there are bound to be pros and cons.
Pros
- Ward off would-be burglars
- Record footage of any wrongdoing on your doorstep
- Check that your children have arrived home safely
- Give instructions to delivery drivers
- Monitor your home at all times, no matter where you are
Cons
- Added costs—including initial price and subscription fees
- The need for additional devices at all entrances to be fully secure
- Over-sensitive motion sensors
- Cloud security issues
- Legal controversies
The benefits are evident. Installing a video doorbell can make your home more secure and give you and your family peace of mind.
Some of the cons are practical. Of course, a device with a quality camera built-in will cost more than a conventional doorbell. And if you want to secure your home fully, you might need additional devices installed rather than just one at the front door.
However, there are other issues to take into account. These include how secure your own details are within the cloud recording system, as well as the various controversies surrounding the use of doorbell cameras that we will discuss in this article.
Are Doorbell Cameras Legal?
Let’s address the main question. Are doorbell cameras legal in California and the U.S., and do they raise privacy concerns?
First, video and audio recording doorbells are legal and can be safely installed on all premises. However, some rules and restrictions apply.
Privacy and recording laws vary by state, with some federal laws covering all areas.
Federal Privacy Laws
- The law states that people are entitled to a reasonable expectation of privacy. This implies that areas where people assume privacy, like bedrooms and bathrooms, should not be subject to recording. This does not apply to outdoor video doorbells.
- Generally speaking, recording pictures and images in public spaces is fine. This covers doorbell camera users for footage recorded pointing out at driveways and public roads. There is no assumption of privacy outdoors in public locations.
- The laws for audio recording are slightly different. Audio recording is allowed when at least one party in the conversation has provided consent. If the doorbell records a conversation between you and another person, it is permissible because you have consented. Conversations recorded between two other parties might be subject to legal scrutiny.
Federal laws outline that you should have no legal issues when using a Ring doorbell or another similar device, as long as it records a public area with no expectation of privacy.
State Privacy Laws
- California has more specific recording and privacy laws. These laws state that you cannot record communications that would reasonably be considered confidential.
The stricter statutes in California may apply to recordings captured on doorbell cameras in some rare instances but should not impact your ability to record in most cases. If you use the doorbell camera as intended, you should not encounter any legal issues.
Video Doorbell Terms and Conditions
When you buy one of these devices, you agree to its terms and conditions when installing it.
But these terms are nothing to worry about. Most terms require you to comply with state and federal laws when using the device. Some terms Ring provides include not pointing the camera at public roads, but this is a suggestion rather than a legally binding regulation.
Cameras pointed at public roads, driveways, and other open areas are almost always legal. However, you should avoid pointing a video doorbell at specific private property, such as directly at your neighbor’s windows.
Emerging Laws
It is also important to note that doorbell cameras are still pretty new. As a user, you should stay updated on what is and isn’t allowed, as laws may change to keep up with this growing trend.
Doorbell Camera Controversies
We now know that doorbell cameras are perfectly legal when used correctly. However, they have not escaped controversy, with recent issues and legal problems arising.
- Companies accused of surveilling users
According to an investigation by the Electronic Frontier Foundation, top video doorbell company Ring has shared user information with third-party companies. The report shows that the Ring app automatically shares information, including names, sensor data, and private IP addresses, with several companies, including Facebook.
- Cameras can be hacked
There have been several instances of WiFi security cameras being hacked. One incident saw a Ring camera installed in a bedroom accessed remotely, with the hacker accessing video footage and communicating through the device speaker. This has sparked a series of lawsuits against camera companies. While fewer concerns surround outside doorbells, they still raise serious security questions.
- Data stolen from the cloud
Thousands of doorbell camera users had their personal data revealed online in a massive leak. Device owners had a huge range of information leaked, including their camera names, locations, footage, email addresses, passwords, and more. Hackers raided Ring’s cloud data platform, which stored all this information. The company blamed the victims for using weak passwords, but it should be doing more to secure their information.
- Ring employees fired after accessing video
After discovering they had accessed client video footage, Ring fired four employees for data abuse. While the operators were allowed to view some footage to carry out their employment duties, all four were found to have viewed more data than was necessary, infringing on customer rights. This highlighted some of the added security risks surrounding remote access cameras.
- Doorbell cameras are a challenge for the FBI
While law enforcement officers might be able to use doorbell camera footage to help solve crimes (more on that in the next section), the FBI has described cameras as presenting a new challenge. Officials fear criminals could use the devices as an early warning system to help them avoid searches, raids, and arrests.
This is just a snapshot of the controversy surrounding video doorbells. Some of these incidents have resulted in lawsuits against doorbell companies, and it is important to be aware of these issues.
Doorbell camera companies are always looking to improve their systems, adding security dashboards and multi-factor authentication to secure their devices. However, as shown in the instances above, there will always be risks.
Can Doorbell Camera Companies Share Your Data with Police?
Video doorbell companies, most notably Ring, have formed partnerships with police departments across the U.S. to help officers use doorbell camera footage to solve crimes.
In fact, Ring has created a portal specifically for law enforcement investigations. However, Ring is not allowed to hand over footage to the police. The footage belongs to the device owner.
The police must ask to see your camera footage, and you decide if they can. The only exception to this rule is if the police have a warrant for the recordings. Many victims of crimes will share their recordings voluntarily, while officers often meet resistance when approaching parties who are not involved in the crime.
This connection between Ring and the police is not without its controversies. Some critics have slammed the link-up for turning police officers into doorbell camera salesmen who encourage citizens to install these devices.
Ring has also previously provided police departments with background statistics and information on device users, helping officers to target doorbell recordings. The company now claims it has changed its stance and is no longer giving out private information.
Doorbell Cameras with Facial Recognition Software
In the past, there have been discussions about introducing facial recognition capabilities to Ring devices, while some other video doorbells, including Nest devices, have already used some forms of facial recognition.
The idea behind the addition would be to scan any footage recorded and alert residents if someone looking or acting suspiciously is recorded in their neighborhood. Theoretically, we could link it to “most wanted” lists and police databases to track and catch criminals.
Critics have pointed out that the current facial recognition software is still under development and frequently makes mistakes. Incorporating it into a product that the general public uses would be extremely risky because it might result in unjustified fear and panic.
The current position of Ring is that it does not use facial recognition technology in its devices, and will not offer such services to law enforcement. Nest cameras already use some of the software, but it’s unclear how these positions will change.
Doorbell Cameras on Rental Properties
What happens when a rental property installs a doorbell camera? Who owns the recorded footage, and how does that alter guidance regarding invasion of privacy?
This complicates the issue of home recording device legality. For tenants, it may feel like an invasion of privacy if their landlord has installed devices that can record comings and goings. However, for the landlord, it may be considered a necessary level of security on their property.
- According to the law, landlords cannot install cameras in private locations like home.
- However, landlords may be within their rights to install doorbell cameras that point out in public spaces.
- Landlords should be transparent about the presence of such devices and include wording in the property lease managing the use of video doorbells.
- Renters should read their leases carefully, and ask specifically about the use of doorbell cameras if they are uncomfortable.
Another issue may be a tenant wishing to install a video doorbell, with the landlord sharing liability for any misuse.
- Landlords should include language in any lease giving them discretion over installing a device. The lease should specify a make, model, and installation method and give the landlord the right to refuse or remove the device.
Video Doorbell Lawsuits
Most new forms of technology are met with some criticism and skepticism, and doorbell cameras are no exception. In fact, the use of video doorbells has sparked several lawsuits.
These lawsuits cover a range of different issues. For example, one class action claim was aimed at Ring for failing to disclose its monthly service fee to buyers.
Other lawsuits have been filed due to cloud data breaches and leaks, employee misconduct, and failing to properly secure footage access.
There is a lot to absorb with these devices. They offer increased security and home protection but are not without some potential problems. Please use this article to check the laws relating to video doorbells and recordings to find out if you might have a legal claim.
Bisnar Chase is a personal injury law firm that handles various cases, including product liability and class actions. We are not able to take on all cases, but take pride in providing expert support, guidance, and legal representation to victims when possible.
Contact us for a free consultation if you believe you have a case.