Are "Nanny Cams" an Invasion of Privacy?

So the question of having "Nanny Cams" seems to be a topic of quite a substantial to debate. The question arises if having surveillance equipment of some sort, commonly known as nanny cams, is an invasion of someone's privacy.

The article does assume a couple of things. The first assumption is that the equipment is actually in your home where the childcare is being provided while you are not there. The second assumption is that there is no sound being recorded.. The Federal Wire-Tapping Law of the The Electronics Communications Privacy Act of 1986, 18 US Code, Section 2510-3126, 1987 Version, states that is is illegal to tape conversations without the knowledge and consent of the individual being videotaped.

The first thing that comes to mind is that if you want to videotape your child care provider in YOUR OWN home without first giving them notice is that I do not see any problem with that whatsoever. Besides, if you child care giver is doing what they are supposed to do in the first place than there should be no problem with it anyway right? The question still remains that should you the potential employer have to inform the child care provider/nanny the potential employee notice of "Nanny Cams" at any time before, during, or after employment. To me the answer is very clear, no. The Federal Government agrees. There are currently no Federal laws that state do you have to provide this information. However, the International Nanny Association (INA) strongly suggest that you provide that information in writing to the nanny up front and be signed as part of the work agreement. The INA also cautions that if a camera is going to be installed the employers should be aware that lesser quality cameras are not filming in what is considered "real time" and that movements may appear distorted. On the other hand, the INA also suggests that parents should also follow their instincts' when it comes to the safety of their child and terminate the caregivers services as soon as possible if they suspect that their child or children are being abused and neglected.

According to the American Civil Liberties Union (ACLU) this practice is most definitely an invasion of privacy even though federal law states otherwise. The ACLU's Workplace Rights Project cites that undisclosed observation generates more work-related complaints to ACLU offices than any other complaint. "Workers get extremely upset when they find out they are being spied on," said Jeremy Gruber, Legal Director of the ACLU's Workplace Rights Project. Federal law already allows this activity to be conducted. leaving it a hard pressed case to be called spying. The anguish these people feel is real and there is no denying that. However, try to imagine the pain and anger that parents go through when finding our their children are being mistreated, neglected, or even abused. I feel that the "spying" complainers have far less to complain about.

in 1998 in State v. Diaz, 706 A.2d 264, the court ruled that a hidden camera in the residence of the parents of the child was admissible as evidence in the lawsuit against the nanny for assault and child endangerment The court also decided that since there was an absence of state action, the Constitution did not protect the nanny's privacy in someone else's house. Many parenting websites are recommending to not reveal the surveillance equipment either stating that nobody will expose their true nature if they know they are being watched.

Many groups argue that the equipment is not needed because no secret is safe with a child. Many caregivers feel that there is nothing they could do that the child/children would not tell their parents after they left. I beg to differ. A six month old baby is not going to be able to tell his/her parents that their is mistreatment going on. Many children will not bring up events if they know there is repercussions for revealing information. Fear can be a very powerful tool to keep someone quiet and not say anything.

When it comes down to it the choice is up to you to do what you feel is right to protect your child when you cannot be there. Ask yourself one question, do you care more about the caregivers feelings or the safety of your own child. Being a Father of four children the answer for me is clear and easy. It should be for you as well.

SOURCES:

www,nanny.org
www.aclu.org