North Dakota 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

North Dakota is a one-party consent state. Under N.D. Cent. Code § 12.1-15-02 you may record a communication if you're a party or one party consents — unless it's for a criminal or tortious purpose. Recording others' communications without consent is unlawful.

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

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — North Dakota sits in the Eighth Circuit — as long as you don't physically interfere. One-party consent means openly recording a public encounter you're part of raises no wiretap problem.

GPS & vehicle tracking

North Dakota has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking law (N.D. Cent. Code § 12.1-17-07.1). Tracking a vehicle you own is generally fine; secretly tracking someone else can be criminal. Treat non-consensual tracking as a lawyer question.

Private-investigator licensing

North Dakota requires a state license to work as a private investigator, under N.D. Cent. Code Chapter 43-30, through the Private Investigative and Security Board. Applicants need about 2,000 hours of investigative experience as a registered employee before applying for their own license.

Out-of-state investigator reciprocity

North Dakota's Private Investigative and Security Board doesn't publish a general reciprocity license we could confirm — an investigator licensed elsewhere normally needs North Dakota licensure to work here. Confirm current terms with the board before working a North Dakota case.

Hidden cameras in private areas

Entering another's property to secretly install or use a device to observe, photograph, or record inside a house or dwelling, with intent to intrude on privacy, is surreptitious intrusion in North Dakota (N.D. Cent. Code § 12.1-20-12.2). Hidden cameras in private areas 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 surreptitious-intrusion statute — and remember audio follows the one-party recording law. Recording others' private conversations you're not part of can be unlawful.

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.

Workplace & employee recording

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

Drone surveillance

North Dakota's drone rules focus on law-enforcement use (warrant requirements). For private conduct, a drone used to spy into a dwelling can be reached by the surreptitious-intrusion statute (N.D. Cent. Code § 12.1-20-12.2) and trespass law. 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.

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