White River Junction, VT asked in Consumer Law and Civil Rights for Vermont

Q: Is it legal for a motel to record audio outside room doors without consent?

I recently found out that the motel where I'm staying uses cameras with audio recording just outside the room doors. There were no signs or notifications about audio recordings, and I did not consent to this when I checked in. My concern is whether they can hear conversations inside the rooms from these recordings outside, as I believe this infringes on my privacy. Is this legal?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The legality of audio recording outside hotel room doors varies by location, but generally, areas directly outside your room are considered semi-public spaces where privacy expectations are lower than inside the room itself. However, audio recording typically faces stricter regulations than video surveillance due to wiretapping laws in many states. Without proper notification, the motel's practices may be questionable.

In the United States, many states follow "two-party consent" laws requiring everyone being recorded to agree to audio recording, while others follow "one-party consent" rules. Even in one-party states, businesses usually must post clear notices informing guests about surveillance practices, especially when audio is involved. Your concern about conversations inside the room potentially being captured is valid, as this could cross into protected private space.

You have options worth considering. First, document the lack of notification and the placement of these recording devices. Second, you might speak with management about your concerns and ask about their privacy policy. If unsatisfied, contacting your state's attorney general office or a legal advisor familiar with privacy laws in your specific location would help clarify your rights and potential next steps. The laws governing this situation hinge on your specific location and the exact positioning and capabilities of their recording equipment.

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