Watching over our children: Nanny Cams - are they ethical or even legal?

Nanny cams (sometimes called hidden cameras or spy cameras) can be hidden in a variety of household objects sometimes even teddy bears. They can even run from your computer set up in the living room for instance where you can then login remotely from work.

The use of nanny cams (more often than not hidden ones) tend to make parents and family members feel more comfortable about leaving their child(ren) or loved one with a virtual stranger, hence their growing popularity.

But nanny cams can be both hidden (covert) and visible.

The issue in using nanny cams is do they safeguard our children and vulnerable members in society? And if parents use nanny cams do they have legal obligations to declare to the babysitter or nanny use of a nanny cam (which some parents say defeats the purpose of having a nanny cam in the first place!)?

There appears to be a lot written on the this issue in the US - perhaps because nanny cams are more in use there or have been in use for longer. In Australia less information appears available reflecting perhaps the fact that nanny cams have only come into popularity in Australia the last 5+ years.

So where does Australia stand on the issue? Are nanny cams - both visible and hidden - ethical and legal?

Visible v Hidden

Visible video cameras that the carer or babysitter/nanny or carer is aware of appear okay if they are in a public place like the kitchen.

But when you are talking about nanny cameras that are covert placed in a private residence then the issue becomes a little grey. It's advisable to check the laws of your residing state. For example in NSW the Workplace Video Surveillance Act 1998 is in place and one of the tenants of this act is that "reasonable grounds for issue of covert surveillance authority must exist". In short parents or carers do not appear to be able to just use a nanny cam because they want to, the parent or carer has to have reasonable grounds to use it and the parent or carer then has to apply to a Magistrate for the issue of an authority authorising covert video surveillance.

Sounds complex doesn't it? That's because it is.

The fact is if you employ a nanny or babysitter to care for your child(ren) you are the employer and they are the employee. If you are going to record their activities and interactions with your children in your home you need to tell them this and preferably in writing by including this information in the contract.

Ethical issues in use of Nanny Cams

The issue of whether nanny cams (both visible and hidden) are ethical is a different question altogether.

If you use a nanny cam and have made the nanny or babysitter aware of this, then it should not be an issue. Mind you that's not to say that your nanny or babysitter might feel uncomfortable with this situation and may eventually decide you are not the employer for them. You can't really blame them can you? Would you like to be spied on at your workplace by your boss?

And if you use a covert (hidden) nanny cam then the issue becomes even murkier. Leaving aside the legal issues and focussing just on ethics you are in effect spying on another person - an employee - without their knowledge and despite the fact you are doing this for the safety of your child(ren) (even if the babysitter or nanny is casual) many would say that you are engaging in unethical behaviour.

Mind you others would equally say it's not ethics that is the issue. It's the child's welfare that is important and a babysitter or nanny cannot expect privacy in another persons home.

What's a parent to do?

Well, parents need to consider that while nanny cams may give them a certain sense of security they are not a 100% fool proof. It is impossible for parents to watch their babysitter or nanny's interaction with their child(ren) all the time. What happens when the nanny takes the child(ren) to the park or into the back garden or even the bathroom?

The important thing is screen your babysitter or nanny properly before employing them (check Babysitterdirectory's four step screening process including interviewing babysitters and nannies) vigorously check their references, observe their interaction with your child and listen to your gut instinct.

Lot's to think about.

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