Spy Cameras – What’s legal, and what’s illegal?

Clearly, covert spy cameras can very easily be used to invade someone’s privacy, so it’s worth being aware of what is legal (and what isn’t) when it comes to spy cameras.

Privacy Basics

Fundamentally, using any recording or monitoring device without someone’s prior consent is not legal. There are some situations where you might have prior consent, such as in an employee contract, or when you have CCTV signage displayed clearly. The security services and police forces require a warrant before they can covertly observe someone, which is the only exception to prior consent.

We are not solicitors or lawyers, so we recommend you get the appropriate legal advice from professionals prior to using any surveillance devices.

Transmitting Spy Cameras

You could be breaking the law by owning a wireless camera with a transmitter output power greater than 10mW or operating on frequencies other than the 2.4Ghz or 5.8Ghz licence-exempt radio bands.

Receivers that have a tuning know are most likely to be operating on the illegal 1.2GHz radio band, commonly imported from China or the US. If your camera antenna has an aerial longer than 60m (6cm), or you are receiving clear video transmissions over a line-of-sight distance great than 100 metres, then you are also likely to be exceeding the maximum power permitted by law in the UK.

The punishment for contravening transmission laws are tough, including custodial sentences and very large fines even for just possessing such equipment!

One solution to avoiding breaking the law with wireless cameras is to always use a video camera with a digital video recorder, simply because they are not transmitting whatsoever. If you do choose a wireless spy camera, choose one that transmits on 2.4GHz or 5.8GHz.