Are You Being Watched? Hidden Cameras in Vacation Rentals
It’s summer, and you decide to spend some much-needed time away from work on vacation. You decide to rent a house by the beach using a popular homestay website. However, as you rest on your bed, you notice a little green light coming from the alarm clock. On closer inspection, you realize that the host of your homestay has installed hidden cameras. So what do you do now?
What’s the Debate on Hidden Cameras?
If you’re renting a space in which you will sleep, bathe, and engage in other private and perhaps intimate activities, you expect privacy. Additionally, if you’re on vacation, you may wish to get away from it all. Having someone you don’t know watching you with hidden cameras is unnerving.
Yet owners have concerns about how guests are treating the property. In some cases, guests have stolen items or damaged the homes and rooms. In others, the rented spaces are used for illegal or unsavory activities. As such, the hosts may install security cameras to protect their belongings and their homes.
The Law on Hidden Cameras
In New York, there are various Penal Law offenses which criminalize the invasion of a person’s privacy. For example, Unlawful Surveillance in the First or Second Degree involves using hidden cameras or similar devices “view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person’s knowledge or consent.” It is also criminal to share those illegally obtained images.
Earlier this year, Airbnb announced that it would prohibit its hosts from using any indoor security cameras. Under this policy, which took effect in March 2024, hosts can still use outdoor security cameras. Otherwise, cameras must be disclosed prior to the guest’s booking, installed so they are clearly visible as a camera, and not infringe on a guest’s privacy.
However, despite Airbnb’s policy, this hasn’t stopped guests from making accusations of finding hidden cameras. Moreover, Airbnb is just one site – there are a number of homestay businesses, as well as innumerable hotels and other types of rentals. Cameras today are so small that they are easily hidden by those with bad intentions.
What to Do If You Find Hidden Cameras
If you find hidden cameras, the first thing you’ll want to do is document what you’ve found. Take pictures and videos of the camera and any related wiring or equipment, particularly any serial numbers. If you’re traveling with someone, ask them to take a look as well.
If the camera has potentially captured you engaged in any intimate acts or in a setting where you’re entitled to privacy (such as the bedroom or bathroom), you should contact the police on a non-emergency line. You may wish to leave the vacation rental prior to placing a phone call to police.
Thereafter, contact an attorney to discuss your options. You may be the victim of a crime and potentially may have grounds to file a lawsuit against the homestay platform and the individual host.
References:
- NYS Penal Law Article 250, Offenses Against the Right to Privacy. Available at: https://www.nysenate.gov/legislation/laws/PEN/P3TNA250 (last accessed Aug. 9, 2024).
- Diba Mohtasham, “Airbnb bans all indoor security cameras,” org (March 11, 2024). Available at: https://www.npr.org/2024/03/11/1237609591/airbnb-bans-indoor-security-cameras-surveillance-privacy (last accessed Aug. 9, 2024).
Image: CC0 License