Surveillance & Investigation Law · By State

New Hampshire Recording, Tracking & Surveillance Laws

What's legal, what isn't, and the statutes behind it.

For reference only. Check with a licensed attorney before acting on anything here — laws and regulations change, often between updates. Last reviewed: August 2026
Official licensing board New Hampshire State Police — Permits & Licensing ↗

At a glance

Adult subject — e.g., a spouse

All-party consent
RSA 570-A:2
All-party consent
RSA 570-A:2
Owner consent required
RSA 633:3-a
Illegal
Fed. + RSA 570-A:2

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.”

Track location — device or car you own
Legal
owner consent
Monitoring app on a phone you provide
Legal
you own it
Read files on a device you own
Legal
Record the child's calls with a third party
Seek legal advice
vicarious consent
If divorced / co-parenting
Seek legal advice
custody order

General (any subject)

State license required
RSA 106-F
Seek legal advice
RSA 644:9 (may apply)
All-party consent
RSA 570-A:2
Seek legal advice
confirm w/ NHSP
Video legal · Audio consent required
RSA 570-A:2
Public view legal · Audio consent required
Legal in public
1st Amend.

Recording & consent

New Hampshire is an all-party consent state. Under RSA 570-A:2 it's a felony to intercept or record any oral or telephone communication without the consent of all parties. The only one-party exception is a narrow law-enforcement provision — it does not cover private investigators.

Public conversations with no reasonable expectation of privacy are different. The federal overlay still applies.

Statutes: RSA 570-A:2

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — New Hampshire sits in the First Circuit, which issued the landmark Glik decision — as long as you don't physically interfere. Openly recording a public encounter isn't the kind of secret interception the wiretap statute targets.

Authority: First Amendment (1st Cir. — Glik)

GPS & vehicle tracking

New Hampshire has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking law (RSA 633:3-a). Tracking a vehicle you own is generally fine; secretly tracking someone else can be criminal. Treat non-consensual tracking as a lawyer question.

Statutes: RSA 633:3-a

Private-investigator licensing

New Hampshire requires a state license to work as a private investigator, under RSA 106-F, administered by the New Hampshire State Police Permits and Licensing Unit. Applicants need about four years of qualifying experience, a $50,000 surety bond, and a background check.

Statutes: RSA 106-F · Regulator: NH State Police

Out-of-state investigator reciprocity

New Hampshire's State Police licensing unit doesn't publish a general reciprocity license we could confirm — an investigator licensed elsewhere normally needs New Hampshire licensure to work here. Confirm current terms with the NH State Police before working a New Hampshire case.

Regulator: NH State Police — confirm

Hidden cameras in private areas

Installing or using a device to observe, photograph, or record a person's private body parts, or activity in a private place such as a bathroom, locker room, or changing room, without consent is violation of privacy in New Hampshire (RSA 644:9). And because New Hampshire is all-party, a hidden camera capturing audio also runs into RSA 570-A:2. Hidden cameras in private areas are off-limits.

Statutes: RSA 644:9, 570-A:2

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 RSA 644:9 — and remember New Hampshire is all-party for audio, so a hidden mic capturing others' conversations violates RSA 570-A:2 even at home.

Statutes: RSA 644:9, 570-A:2

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine for video — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or if the mic captures others' private conversations (all-party audio). Aim at your property, not through someone else's walls.

Authority: no expectation of privacy in public view · RSA 570-A:2

Workplace & employee recording

Because New Hampshire is all-party, recording a workplace conversation generally needs everyone's consent — secretly recording is a felony under RSA 570-A:2, and the one-party exception is law-enforcement only. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.

Statutes: RSA 570-A:2

Drone surveillance

New Hampshire has no dedicated drone-privacy statute (its drone rules focus on hunting and harassment). A drone used to spy into a private place can be reached by the violation-of-privacy statute (RSA 644:9), and stalking or trespass law can apply. General flight and filming from public vantage points remain legal; because coverage runs through those statutes, treat drone surveillance of people as a lawyer question. FAA rules govern the airspace.

Statutes: RSA 644:9 · FAA airspace rules

Need this handled the right way in New Hampshire?

A licensed New Hampshire investigator knows these lines and how to gather evidence that holds up. A directory to match you with one is on the way.

What to expect →
Sources: Recording — RCFP, New Hampshire recording laws; Cameras — RSA 644:9 (Justia); PI licensing — NH State Police (RSA 106-F). Last reviewed August 2026.

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 New Hampshire Codes and consult a licensed New Hampshire attorney before recording, tracking, installing cameras, or gathering evidence.

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