Hidden Cameras, Audio Bugs, and GPS Devices in New Hampshire: What’s Legal?

As the technology develops, we are living in a time where it seems possible for the world to be playing out like a George Orwell novel. We can literally talk, see, listen to, or track someone at any time. We never question it when we can do these things for ourselves. It is not a problem. Yet, in New Hampshire, hidden cameras, audio bugs, and GPS trackers are used against others without their knowledge or consent. It happens more often than you might think or even want to admit. While finding out someone is spying on you is shocking and terrifying the real question is: is this legal? And are you at risk?

Hidden Cameras Laws in New Hampshire

New Hampshire has very strict laws concerning hidden camera uses within the state. In New Hampshire, it’s a crime to record someone with a hidden camera if they are in a location that is considered to be private. That includes hotel rooms, and it may also include multiple areas in someone’s home. It is also a crime to install a hidden camera in someone’s home without their knowledge and consent.

An exception to this law is recording someone in a public space, such as a park or restaurant patio. It is generally legal to record them with a camera or take photos of them. Since they are in public, it’s assumed that what they are doing is not private.

Audio Bugs and Conversations: What the Law Says

New Hampshire is one of eleven states that is known as a two-party consent state when it comes to recording and monitoring conversations. However, the New Hampshire Supreme Court has held that a party essentially consents to a recording when the overall circumstances demonstrated that they knew they were being recorded. Essentially meaning if there is a reasonable amount of suspicion that you are being recorded, and you do not reject the recording, it is perfectly legal for you to be recorded in New Hampshire. Two-party consent means that all those involved in the recording or monitoring of a conversation must give their consent before hand. Otherwise, it is a violation of the law. This law also includes the interception of oral, electronic, or wired communication.

GPS Device in New Hampshire

For the sake of GPS devices for surveillance in New Hampshire, please note that we are not referring to:

1. Law enforcement use of a GPS device after receiving a warrant
2. GPS monitoring devices used by the court to monitor an offender
3. GPS devices built-in to a vehicle for emergency situation or navigation
4. GPS devices installed by a car dealership for the purposes of monitoring the location of a vehicle that has yet to be paid off

We are specifically stating the use of a GPS device without a warrant and without the knowledge or the consent of the other person being monitored. New Hampshire law makes it clear that failure to get consent and using the device for the purposes of harassing, annoying, or to alarm another person is considered harassment. This may involve pursuit, surveillance, or nonconsensual contact on more than one occasion without having a legitimate reason.

Could You Be at Risk?

You may not think it’s likely, but you very well could be the victim of these devices. It’s not a comforting feeling to even think about, but it is something that should be considered. If you live in New Hampshire, the most common reasons someone may be spying on you by using a hidden camera, audio bug, or GPS tracking device against you might include:

• You own or co-own a business. Corporate espionage is not just something on television shows. It is still a very real thing, even for a small businesses. All it takes is a competitor knowing that you could very easily take part of the client base. This could include a current or former employee to spy on your business, placing hidden camera, or audio bugs in offices or conference rooms, or even apps to monitor your phone calls, VOIP calls, web or video conferencing. They could even deploy keyloggers to record everything you type. They may even be able to read all of you text messages and emails.
• Involvement in a divorce or separation. Your soon to be former spouse could be monitoring everything you do or say in the hopes of getting information to use against you or scare you. They could be tracking everywhere you go. They could be listening to your phone conversations, reading your text messages, and seeing everything you do online. They may be hoping to use this information to blackmail or frighten you. They may also be looking to try and ruin your life.
• Involvement in a child custody dispute. Regardless of whether you were ever married, the other parent may be hoping to record something you say or do to try and scare you into giving up your rights to your child. They may be looking to prove you are an unfit parent or to try and scare you in some way. Much like the two previously mentioned scenarios your cell phone, VOIP, landline, and online activity could all be monitored. There are apps that are not hard to deploy. Do not ever believe that you are safe until you have all of your devices checked out.
• Involvement in settling an insurance claim or you have a lawsuit for an injury of some kind. The other side may be trying to minimize your injury, or just to simply take advantage of you. They may be tracking your every movement, videoing you, or even listening in to your conversation.
• You are involved with or have separated from a jealous, possessive, or abusive significant other. GPS devices, audio bugs, and hidden cameras as well as apps for digital device are used more and more in situations where someone feels the need to control or abuse their partner. These devices create a dangerous situation for the victim.

If You Think You’re Being Spied On, Follow These Steps

If you live in New Hampshire and think someone may be spying on you, take the following steps:

1. Don’t change your routine too much. Changing your routine up could act as an indicator that you know something is wrong. The person who planted the devices may try to remove them and plant them at a later time.
2. Don’t talk to anyone about it. Talking to anyone about it is dangerous because you don’t know how many devices there are or where they may be placed. You have no way of knowing who may be involved. If the perpetrator is alerted, they may remove them and plant them again at another time. Then, you are right back to square one.
3. Get to a safe place, use a safe phone, and call Spy Catchers ay 1-800-373-8726. We provide free estimates in New Hampshire. Our professionals can sweep your home, office, and vehicles to help you get back your peace of mind.