Waltham, MA Privacy & Surveillance: Security Camera Rules (2026)

In Middlesex County, homeowners and businesses may install security cameras on their property. Video-only surveillance of areas visible from public vantage points is generally legal. However, Massachusetts General Laws Chapter 272 §99 — the Massachusetts Wiretap Statute — is one of the strictest in the nation. It prohibits the secret interception of any oral or wire communication. Critically, the Massachusetts law focuses on secrecy rather than consent: recording is permitted when all parties are aware that recording is occurring, even if they don't explicitly consent. This distinction was clarified in various court decisions. For security cameras: video-only cameras (audio disabled) are generally legal when monitoring areas visible to the public. Cameras with audio capability must ensure that anyone whose voice is captured is aware of the recording. Simply posting signs may constitute sufficient notice to eliminate the 'secret' element, though this is debated. The First Circuit Court of Appeals ruled in Glik v. Cunniffe (2011) that recording police in public is protected by the First Amendment and cannot be prosecuted under the wiretap statute. Massachusetts Privacy Law also recognizes a right to privacy (MGL Chapter 214 §1B), which provides additional protection against surveillance that unreasonably interferes with a person's privacy — this can apply to cameras aimed at neighboring properties. Cameras should not be directed at areas where neighbors have a reasonable expectation of privacy (bedrooms, bathrooms, fenced areas).