Surveillance & Investigation Law · By State

New York 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 York Dept. of State — Division of Licensing Services ↗

At a glance

Adult subject — e.g., a spouse

One-party consent
§ 250.05
One-party consent
§ 250.05
Owner consent required
§ 250.45

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
GBL Art. 7
Seek legal advice
§ 250.45 (may apply)
One-party consent
§ 250.05
Seek legal advice
confirm w/ DOS
Video legal · Audio consent required
§ 250.05
Public view legal · Audio consent required
Legal in public
1st Amend.

Recording & consent

New York is a one-party consent state. Under Penal Law § 250.05 you may record a conversation you're part of, or with one party's consent. Recording others' communications without consent is eavesdropping — a Class E felony.

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

Statutes: N.Y. Penal Law § 250.05

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — New York sits in the Second Circuit — and New York's Right to Monitor Act affirms the right to record police performing their duties, as long as you don't physically interfere.

Authority: First Amendment (2nd Cir.); NY Right to Monitor Act

GPS & vehicle tracking

New York added tracking to its unlawful-surveillance law: Penal Law § 250.45 makes it unlawful to install or use an electronic tracking device to determine a person's location or movement without consent. Tracking a vehicle you own is generally fine; secretly tracking someone else is a crime. Treat non-consensual tracking as a lawyer question.

Statutes: N.Y. Penal Law § 250.45

Private-investigator licensing

New York requires a state license to work as a private investigator, under General Business Law Article 7, administered by the Department of State, Division of Licensing Services. Applicants need at least three years of investigative experience and must pass a written exam.

Statutes: N.Y. Gen. Bus. Law Art. 7 (§ 70 et seq.) · Regulator: NY Dept. of State

Out-of-state investigator reciprocity

New York's Department of State doesn't publish a general reciprocity license we could confirm, and New York is frequently cited as a state that doesn't broadly reciprocate. An investigator licensed elsewhere normally needs New York licensure to work here. Confirm current terms with the Department of State before working a New York case.

Regulator: NY Dept. of State — confirm

Hidden cameras in private areas

Using an imaging device to secretly view or record someone dressing, undressing, or in a place where they reasonably expect privacy is unlawful surveillance in New York (Penal Law § 250.45), a Class E felony. Hidden cameras in bedrooms, bathrooms, and changing areas are off-limits.

Statutes: N.Y. Penal Law § 250.45

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 unlawful-surveillance statute — and remember audio follows the one-party recording law. Recording others' private conversations you're not part of can be unlawful.

Statutes: N.Y. Penal Law §§ 250.45, 250.05

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 private conversations you're not part of. Aim at your property, not through someone else's walls.

Authority: no expectation of privacy in public view · § 250.05

Workplace & employee recording

New York'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 runs into the eavesdropping statute. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.

Statutes: N.Y. Penal Law § 250.05

Drone surveillance

New York has no dedicated drone-privacy statute, but a drone used to view someone in a private, undress situation can be unlawful surveillance (Penal Law § 250.45), and stalking or trespass law can apply. Some cities (including New York City) restrict where drones may launch or fly. General flight and filming from public vantage points remain legal; treat drone surveillance of people as a lawyer question. FAA rules govern the airspace.

Statutes: N.Y. Penal Law § 250.45 · FAA airspace rules

Need this handled the right way in New York?

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What to expect →
Sources: Recording — RCFP, Penal Law § 250.05; GPS/surveillance — Penal Law § 250.45 (FindLaw); PI licensing — NY Dept. of State (GBL Art. 7). 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 York Codes and consult a licensed New York attorney before recording, tracking, installing cameras, or gathering evidence.

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