Hidden Cameras in an Airbnb or Hotel Room: Can You Sue?

Finding a hidden camera in your hotel room or Airbnb can make your skin crawl. You may also have grounds for a lawsuit. Secret surveillance in a private space can violate your right to privacy and expose the person responsible to civil liability. Depending on the circumstances, you may be able to pursue claims for intrusion upon seclusion, illegal recording, breach of contract, or intentional infliction of emotional distress. You may even have a claim against the property owner or rental company.

Speak with a personal injury lawyer from the Super Lawyers directory to discuss your legal options.

What Legal Claims Can You Bring After Discovering a Hidden Camera?

Depending on the nature of the harm and the applicable state law, you may be able to bring a personal injury claim seeking compensation for emotional or financial damages. Your lawsuit may involve more than one legal theory. You could have a claim for invasion of privacy, emotional distress, or violations of state laws governing secret recordings.

The facts surrounding the hidden camera also matter when deciding whether a host, hotel, property owner, or booking platform can be held responsible.

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Intrusion Upon Seclusion

You have a reasonable expectation of privacy when you’re sleeping, showering, or changing clothes in a hotel room or vacation rental. Someone who secretly installs a camera to watch or record you in these spaces may be liable for intrusion upon seclusion, a form of invasion of privacy recognized in most states.

Generally, you must prove that the defendant intentionally intruded into your private affairs or solitude and that the intrusion would be highly offensive to a reasonable person.

Violations of State Wiretapping and Video Voyeurism Laws

Many states make it illegal to use a camera to record someone in a private space where they have a reasonable expectation of privacy, particularly when the recording captures nudity, undressing, or intimate activities. Depending on the state, you may be able to pursue a civil lawsuit against the person responsible in addition to any criminal charges they face.

Audio recording can create another legal issue. State wiretapping and eavesdropping laws generally regulate recording or intercepting conversations. Some states require everyone involved in a conversation to consent to the recording, while others require consent from only one party. If a hidden camera also records conversations without the legally required consent, you may have an additional claim.

Breach of Contract

When you book a hotel room or vacation rental, you enter into an agreement with the property owner or lodging provider. That agreement may include express promises about guest privacy, security, and the use of the accommodations.

If the property owner or operator violates those promises by allowing unauthorized surveillance, you may have grounds for a breach of contract claim.

Intentional Infliction of Emotional Distress (IIED)

Discovering that someone secretly recorded you in your hotel room or vacation rental can cause significant emotional distress. This claim generally requires you to prove that the defendant engaged in extreme and outrageous conduct, acted intentionally or recklessly, and caused you severe emotional distress.

Secretly recording someone while they shower, change clothes, sleep, or engage in other private activities could meet the extreme and outrageous conduct requirement. However, feeling violated or embarrassed does not automatically establish an IIED claim.

Who Can Be Held Liable for Hidden Cameras?

Several parties may be liable in hidden camera cases, depending on the situation. The person who installed or operated the camera is the first person who could be liable. If they intentionally installed the camera, they could be liable for intrusion upon seclusion, statutory violations, and intentional infliction of emotional distress.

If another party obtained and distributed the camera footage, they may also be liable. If the camera is in a rental property, additional people may be liable, such as employees, contractors, or other individuals who participated in the surveillance.

If the hidden camera is in a hotel or short-term rental property, the property owner or operator may be liable. Potential claims could be negligent hiring and employee supervision, failure to address prior complaints, negligent maintenance, or direct authorization of the camera.

A booking platform may face claims if its conduct contributed to the privacy violation. Liability will depend on what the platform knew, the contractual agreement in place, what it represented to customers, and how much control it has over the property.

What Should You Do If You Discover a Hidden Camera?

If you discover a camera or multiple cameras in your accommodation, it can be tempting to leave immediately. Although knowing you are being filmed can feel violating, the priority should be to preserve as much evidence as possible before leaving.

Take pictures and video of the recording device. Try to record the type, location, and surrounding area. Turn your camera around to capture what the camera is recording. Don’t destroy or dismantle the camera.

Keep all records of the original booking confirmation, rental agreement, or hotel reservation. Report the camera to the appropriate party. This could be hotel management, the property manager, or the short-term rental host. If you made the reservation through a booking platform, report the incident to the platform.

Consider speaking with an attorney for legal advice about suing. A lawyer will review your evidence and evaluate it under applicable law.

What Compensation Can You Recover?

Available compensation depends on the circumstances, the harm suffered, and the jurisdiction. Economic damages could include alternative accommodation costs, relocation costs, or other associated financial losses.

Some states allow for emotional distress damages. This could cover anxiety, humiliation, fear, and psychological harm. Certain claims like wiretapping and video voyeurism have statutory damages for successful claims. In especially egregious cases, punitive damages may be available. Some states allow attorney fees as part of damages. Attorney fees may also be available if the contract provides for them.

Protecting Your Privacy

Discovering a hidden camera in your hotel room or vacation rental can raise serious questions about your privacy and legal rights. An attorney can help you evaluate your claims, identify all potentially responsible parties, and determine what compensation you may be entitled to recover.

Use the Super Lawyers directory to find a personal injury lawyer who can help you protect your privacy and pursue your legal options.