As a parent, especially a new parent, you may be concerned about leaving your child with a caregiver other than yourself. As a result of these concerns, you may think about using a nanny cam. This is a delicate issue that should be handled in a sensitive manner. There are not only legal issues to consider but also the impact on your relationship with your nanny. In addition to the laws, you may want to think about how this may affect your relationship with your nanny. Trust is very important in this unique relationship and needs to be nurtured. If you are to go with a nanny cam, you should discuss this with your interview candidates prior to hiring (in the interview) and once hired, have the nanny sign a document stating that they are aware of the "hidden camera." This way you are hiring someone who you know is comfortable with this practice.

The short answer is it is legal to use a hidden camera in all 50 states, however it is illegal to record someone's speech in 15 states (including California) without their consent. California Video recording of "confidential communications" is prohibited without consent.

The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places. In California, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without the permission of the people photographed or observed is against the law. A private place is one where a person may reasonably expect to be safe from unauthorized surveillance.

Consider that studies and polls show that many care providers are not necessarily against video taping of child-provider interaction, it's just that they want to know about it. It seems to be a matter of trust and feeling of deception. Some parents handle the situation by telling a potential care provider upfront that a nanny cam will be used so that they can feel comfortable and confident about their child's care. It's then up to the nanny to accept or decline the position with a family who uses a nanny cam.

Something else you may want to look into is www.howsmynanny.com. A site where you can sign up for a license plate for your stroller so that if someone sees something while your nanny is out and about that is either favorable or unfavorable, it can be reported using the stroller plate, you then receive an e-mail immediately with the posted report! These "license plates" may also be used in such a way that people may report loving, wonderful interactions between your nanny and child, and you may use these reports as reasons to provide your nanny with an incentive or bonus.

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