Honolulu, HI asked in Personal Injury and Civil Rights for Hawaii

Q: 1 sister has home sec. cams in lvng room to watch mom (99ys) while she is at work. Other sis picks mom up turns cams aro

Sister 2 covers cameras or turns them around. Is this considered damage ? What kind of recourse does sister 1 have to prevent sister 2 from disabling cameras? Is there a reasonable expectation of privacy in a living room? Which extends to someone allowed in the home for a specific purpose only? And if mom consents is this good to satisfy laws requiring consent from at least one individual being surveiled?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your sister turns the cameras around or covers them, it might not be considered damage unless the cameras are broken or malfunctioning as a result. However, it does interfere with your ability to monitor your mom, which can be concerning, especially if her safety is at risk.

You can address this by having a conversation with your sister about the importance of keeping the cameras active. Explain that they are there to ensure your mom's well-being while you're at work. It might help to discuss setting boundaries and agreeing on specific times when the cameras should remain unobstructed.

Regarding privacy, living rooms typically don't have the same expectation of privacy as bedrooms or bathrooms. If your mom consents to the cameras, it generally satisfies legal requirements for consent, as long as everyone in the home is aware of the surveillance. It’s important to ensure that all parties involved understand and agree to the use of the cameras to avoid any conflicts.

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