Louisiana Photo, Audio & Video Surveillance Laws – What’s Legal And Illegal

We live in an age where our lives revolve around cell phones and computers. You can't go anywhere without a camera and recording device, which leaves many opportunities for you to be filmed or for someone to take your picture without your permission.

The question is, do they need to ask you to use your image legally? Nowadays, your photos can pop up anywhere because the internet is everywhere. Photoshop technology has made it easy for people to alter images or transpose their faces on another person's body. It's kinda creepy.

The same goes for audio and video recordings. Can someone film you or secretly record your conversations? The answers may surprise you. Take a look at how Louisiana law relates to today's technology.

1.)    CAN I TAKE A PICTURE OF SOMEONE AND SHARE THE IMAGE WITHOUT PERMISSION?

There's a lot of gray area with this one. According to Statute 14 283.2 in Louisiana, the short answer is yes and no. If you commit this offense and share a nonconsensual disclosure of a private image, you can be fined more than ten thousand dollars, go to jail with or without hard labor for not more than two years, or both.

Yes. It is legal to post a photo or take a picture of someone without permission as long as the photo was taken lawfully. Below determines what photos are illegal. Of course, this doesn't apply if a criminal justice agency makes the disclosure for a lawful criminal investigation or to report unlawful conduct to law enforcement.

• The person knew or should have known the person in the image did not consent to the disclosure
• The person intentionally discloses an image of another person who is over the age of 17
• The person is identifiable from the image
• The person's intimate parts are either wholly or partially exposed

2.)    IS IT LEGAL TO SECRETLY RECORD A CONVERSATION?

Yes! According to Louisiana's Electronic Surveillance Act (RS 15:1303), it's perfectly legal to secretly record any conversation or electronic communication, including video and call recording, without the consent of all parties. As long as at least one person involved in the conversation — which could be the person doing the recording — consents to the recording.

3.)     CAN A PERSON FILM OR VIDEO SOMEONE WITHOUT THEIR CONSENT?

Under Louisiana Statute 14:283, recording videos in public places is legal without reasonable expectation of privacy. This means that activities happening in open view, like streets or public parks, can be recorded without needing the consent of the individuals captured in the footage.

However, video recording is strictly prohibited in locations where a person reasonably expects privacy, such as in private homes, restrooms, locker rooms, or changing areas, without the recorded individuals' explicit consent. For example, using a video recording for purposes like harassment, blackmail, or a lewd or lascivious purpose is illegal.

4.)     CAN LANDLORDS SECRETLY VIDEO TENANTS 

In the context of rental properties, landlords should inform tenants about surveillance cameras and avoid placing them in private spaces, such as inside the rental units, unless tenants give explicit consent. Moreover, using surveillance footage for illegal activities, such as harassment or voyeurism, is considered an illegal recording and is strictly prohibited under Louisiana law.

Given the evolving nature of technology and privacy laws, individuals and businesses using surveillance cameras should stay informed about the latest legal requirements and consider consulting our Baton Rouge criminal defense lawyers for guidance specific to their situation.

5.)     IS IT LEGAL FOR AIRBNB, HOTELS, AND LODGING HOUSES TO USE VIDEO SURVEILLANCE?

No. Louisiana Statute 21:61 prohibits an owner/landlord of a short-term rental structure from installing or using a camera on the premises. It is illegal to secretly watch another person's activities to spy and invade the privacy of the person observed. It is also illegal to have cameras in any bedroom or bathroom.

However, it is legal to place a camera in the "common area"—all areas of the short-term rental structure.

6.)    IS IT LEGAL TO HAVE A DASH CAM IN LOUISIANA?

In Louisiana, dash cams are legal for vehicles. Drivers use them to protect themselves in case of significant car accidents or road disputes. However, this law is a bit tricky regarding legal and illegal use.

Louisiana is a one-party consent state. Audio recordings captured by dash cams are typically lawful if there is consent from at least one party (i.e., the driver, but only if they are a party in the conversation).

If the police request access to your dashcam footage, you can refuse. However, if the footage is relevant to an ongoing investigation, the police must obtain a warrant to access the footage. In this case, you are legally obligated to hand it over only when presented with a warrant.

8.)    IS IT LEGAL TO RECORD LAW ENFORCEMENT IN LOUISIANA?

Yes. Louisiana is a one-party consent state. It is legal to record video or audio of police officers performing their duties in public spaces if the recording does not interfere with those duties.

9.)    IS IT LEGAL POINT A CAMERA AT YOUR NEIGHBORS HOUSE?

Yes. If the cameras are for their home security, they are not illegal to also capture your front door. It's hard to avoid if someone is trying to record the area in front of their house.

There is no reasonable expectation of privacy in your front yard because anyone can walk past your house and see the outside of it. However, your privacy may be violated if your neighbor’s security camera is positioned to record the inside of your house.