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Many people ask me, are spy pens and other hidden devices legal? I must admit it's hard to give a straight answer to this question, as many variables are included. The simple answer to this question it yes, they are perfectly legal in practically every country of the world. However, it is how you use them quick could get you into trouble.
Before using your hidden camera it is important that you check your local laws as laws very from state to state, country to country. Recording laws in general are divided into two categories. One category covers the laws on video recording whilst the other, a much stricter set cover everything to do with audio recording.
Surprisingly there is very few laws aimed to target the operation of hidden camera products and their use. There is however some very specific laws and regulations that covers areas where privacy would be expected without question. Places such as bedrooms, dressing rooms, locker rooms, and bathrooms are all out of bounds. It's hard to see why you would need to record the areas for any other than obscene reasons. Taking any recording device into these areas will almost certainly get you prosecuted.
Apart from what we mentioned above, as a general rule all video recordings that do not include audio are always legal, this is the same if you have or have not gained the people permission you are filming. Audio laws are very different.
Audio recording itself exists in two conditions. "One" and "Two" party recording. In a one party recording, only person in control, or operation of the camera needs to be informed that filming is taking place. Two party, as you should of guessed by now is when all parties being recording need to be aware of the device.
As previously mentioned, what classes, as one or two party situations will vary from state to state. One of the best guidelines we can give is this, if your reason for creating the recording is fully legitimate, has common sense and reasoning behind it and is not done for purposes of self gain to gain information you are not entitled to know then, you can record what ever you like. There's no harm in having a little fun with these devices what so ever.
When it comes to storing the recorded date, there are is no legislation to how securely you must keep it. We do urge you however to do your upmost to keep it to yourself as data can unintentionally fall into the wrong hands and several cases have existed where harmless fun has caused big problems.