In New Jersey, understanding the difference between video surveillance and audio recording is critical for security and IT professionals—especially for a cybersecurity-first integrator like Systems Integrations serving the Delaware Valley.
The key point: video recording is often permissible in public or shared spaces, but audio recording is governed by much stricter wiretapping laws.
Audio Recording in New Jersey: The “One-Party Consent” Rule
New Jersey is a one-party consent state under the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-3).
- The rule: An oral communication may be recorded if at least one party to the conversation consents.
- What that means in practice: If you are a participant in the conversation, you can generally record it without notifying the other person.
Where security systems create risk
A typical surveillance camera with a microphone can capture conversations between people who are not the system owner and have not consented.
- If neither person being recorded has consented, that recording may be treated as illegal eavesdropping.
- In that scenario, the system owner is usually not considered a “party” to the conversation.
- The exposure can be serious, including potential third-degree criminal charges.
A common (and avoidable) installer mistake
One of the most common issues we see is installers enabling audio “because the camera supports it”—without understanding New Jersey’s wiretapping rules or how consent applies in real-world environments.
That single checkbox can:
- Create legal exposure for the customer (the system owner)
- Create legal exposure for the installer/integrator
- Lead to complaints, lawsuits, and costly remediation—especially if recordings are retained, shared, or used in an employment dispute
Video Surveillance Guidelines: “Reasonable Expectation of Privacy”
Video-only recording is generally less restricted, but it hinges on whether a person has a reasonable expectation of privacy.
- Public/common areas: Video recording is typically permissible in areas such as building exteriors, parking lots, hallways, and lobbies.
- Prohibited areas: Video recording is generally illegal in places where privacy is expected, including restrooms, locker rooms, dressing rooms, or any area where someone may be in a state of undress.
Workplace monitoring
Employers in New Jersey can monitor work areas, but should provide clear notice (for example, in an employee handbook and/or via posted signage) to reduce or eliminate any expectation of privacy.
Compliance Best Practices for Systems Integrations Clients
For most commercial environments, these practices help reduce legal risk and simplify compliance:
- Disable audio by default
- Unless the client has a specific, documented justification and a plan to ensure consent, audio recording is often not worth the liability.
- Post clear signage
- Signs stating “Audio and Video Surveillance in Progress” can help establish notice and may support an “implied consent” argument for people who remain on the premises.
- Track industry-specific requirements
- Certain facilities may face targeted retention or review requirements. For example, NJ Bill A2477 has been cited as mandating that child care centers with audio-visual systems retain recordings for 180 days and follow a review process before deletion.
Disclaimer: Consult Qualified Legal Counsel for Audio Recording
This article is for general informational purposes and is not legal advice. For any installation involving audio recording, consult qualified legal counsel to confirm requirements for the specific site, use case, and jurisdiction.