So, you just hired a new nanny/domestic worker to take care of your little one now that you have to go back to work and understandably you are nervous about leaving your child in someone else’s care for most of the day.
Most parents turn to installing nanny cameras in their house for peace of mind and to keep an eye on things remotely.
But, before you start kitting out your home with hidden cameras, there are some important things you need to know about using them, and how they can be used.
The nitty, gritty
“There’s a difference between obvious cameras (CCTV and nanny cams) and spy cameras” says Pops Johnson, owner of Spy Shop SA, “the difference being discretion”. Pops says spy cameras are generally used in a covert manner and the footage captured can’t be used as evidence, as that would be entrapment of sorts. “Obvious cameras (CCTV and nanny cameras) that are usually accompanied with an obvious signboard, notifying everyone they are being recorded can be used as evidence.”
Is it legal to have hidden nanny cams in your home?
“It depends if you’d want to use the audio and video recordings against the person in a court of law,” says Pops. “If yes, then you’d have to notify visitors/guests or your nanny that your property is being monitored by a security system. You don’t have to show them where the cameras are, you just have to inform them that the property is monitored.”
What the law says
In South Africa the use of electronic devices and the recording thereof is regulated and governed by the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”).
So, what this means is that yes, you can hide a nanny cam in your house, but you have to tell your nanny there is a camera. According to an article by Kloppers Attorneys INC, you have to get written consent from the person in your employment that might be captured and or recorded on a Nanny Cam Monitor before you can install one. Without written consent you will not be able to use the recordings in a court of law should something happen.
Other important things to keep in mind when installing a nanny cam:
- If you’re hiring a new nanny, include the nanny cam clause in the contract. If your nanny already signed a contract, you’ll need to add it as an addendum to her contract, which both of you will need to sign. If necessary, consult with an attorney or labour specialist to help prepare an appropriate agreement or consent form for your domestic worker or nanny to provide their consent to being monitored by a Nanny Cam Monitor.
- Always remember that the right to privacy should be respected when you install these cameras. You can’t install nanny cams in private areas like bathrooms or your nanny or domestic worker’s bedroom if they live-in.
- Specify the areas where the nanny cams are, or will be, installed.
What are the best nanny cams to use?
Pops lists his top 3 hidden nanny cams which can be accessed remotely via your phone:
Spy Clock for Smartphones, R1 800, Spy Shop SA
WiFi Router Spy Camera, R2 400, Spy Shop SA
Smoke Detector Spy Camera for Smartphones, Spy Shop SA
These are his top ‘in plain sight’ nanny cams:
PTZ Mini Nanny Camera, R800, Spy Shop SA
Mini Camera WiFi Robot, R1 350, Spy Shop SA
Motion Detection Nanny Cam, R1 400, Spy Shop SA
Xanet is an award-winning journalist and Living and Loving’s digital editor. She has won numerous awards for her health and wellness articles and was a finalist for the Discovery Journalist of the Year in 2009 and again in 2011 for the Discovery Best Health Consumer Reporting and Feature Writing category. She is responsible for our online presence across social media channels and makes sure our moms have fresh and interesting articles to read every day. Learn more about Xanet Scheepers.