Idaho Recording, Tracking & Surveillance Laws

At a glance

Adult subject — e.g., a spouse

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

General (any subject)

Recording & consent

Idaho is a one-party consent state. Under Idaho Code § 18-6702 you may record a wire, oral, or electronic communication as long as you're a party or one party consents. Intercepting or recording a communication you're not part of, without consent, is a felony.

Conversations in public with no reasonable expectation of privacy can be recorded without consent. The federal overlay still applies.

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — Idaho sits in the Ninth Circuit, which recognizes the right — as long as you don't physically interfere. Idaho's one-party rule means openly recording a public encounter you're part of raises no wiretap problem.

GPS & vehicle tracking

Idaho has no statute written only for GPS trackers. Tracking a vehicle you own or co-own is generally lawful; secretly tracking someone else can be charged under Idaho's stalking law (Idaho Code § 18-7906). Treat non-consensual tracking as a lawyer question.

Private-investigator licensing

Idaho is unusual: the state does not license private investigators. There is no statewide PI license — an investigator needs a standard business license and, depending on the city, possibly a local permit. Idaho is one of only a handful of states with no PI licensing at the state level. Investigators still must follow the recording, privacy, and trespass laws on this page.

Out-of-state investigator reciprocity

Because Idaho has no statewide PI license, there's nothing to reciprocate — an out-of-state investigator doesn't need an Idaho professional license to work in the state, though local rules and all the surveillance laws on this page still apply.

Hidden cameras in private areas

Secretly installing or using an imaging device where a person reasonably expects privacy, for sexual gratification or to degrade them, is the crime of video voyeurism in Idaho (Idaho Code § 18-6609). Hidden cameras in bedrooms, bathrooms, changing areas, and similar private spaces are off-limits.

Cameras in your own home / nanny cams

You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks the video-voyeurism statute — and remember audio follows the recording law. Idaho's one-party rule means a hidden mic capturing conversations you're not part of can be unlawful even at home.

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or capture their private conversations. Aim at your property, not through someone else's walls.

Workplace & employee recording

Idaho's one-party consent rule applies at work: someone who is part of a conversation may record it. Secretly recording conversations you're not part of, or planting a device, runs into the interception statute. Employers who monitor email or work systems should still give clear notice, and federal workplace rules can apply.

Drone surveillance

Idaho was an early mover on drone privacy: Idaho Code § 21-213 bars using a drone to conduct surveillance of, or to photograph or record, a specifically targeted person or their private property without written consent. It's a civil statute, not a crime — the person surveilled can sue for at least $1,000 plus attorney's fees. General flight and filming from public vantage points remain legal; FAA rules govern the airspace.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Idaho Codes and consult a licensed Idaho attorney before recording, tracking, installing cameras, or gathering evidence.