Tennessee 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

Tennessee is a one-party consent state. Under Tenn. Code Ann. § 39-13-601 you may record a wire, oral, or electronic communication if you're a party or one party consents — unless it's for a criminal or tortious purpose. Unlawful interception is a Class D felony (§ 39-13-602), carrying 2–12 years.

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 — Tennessee sits in the Sixth 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

Tennessee has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking law (Tenn. Code Ann. § 39-17-315). 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

Tennessee requires a state license to work as a private investigator, under Tenn. Code Ann. Title 62, Chapter 26, through the Private Investigation and Polygraph Commission (Dept. of Commerce & Insurance). Applicants must meet experience and exam requirements and pass a background check.

Out-of-state investigator reciprocity

Tennessee is a reciprocity hub. Its commission has license-recognition agreements with Alabama, Florida, Georgia, Kentucky, Louisiana, North Carolina, and Virginia — capped at 15 days per agency, per case, per year (work beyond that must go to a licensed in-state agency) — and full reciprocal licensing agreements with Arkansas and Kentucky. Confirm current terms with the commission.

Hidden cameras in private areas

Knowingly photographing or recording a person without consent — where the image is of an intimate area, or would embarrass an ordinary person and is taken for sexual gratification or to harass — is unlawful photography in Tennessee (Tenn. Code Ann. § 39-13-605). Hidden cameras in bedrooms, bathrooms, and changing 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 unlawful-photography 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

Tennessee'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 interception statute. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.

Drone surveillance

Tennessee has a drone statute: Tenn. Code Ann. § 39-13-903 makes it an offense to use a drone to capture an image of an individual or privately owned property with the intent to conduct surveillance (each image a separate offense), with a felony provision for flying near critical infrastructure. Using a drone to spy is a crime; 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 Tennessee Codes and consult a licensed Tennessee attorney before recording, tracking, installing cameras, or gathering evidence.