Can your Airbnb host record you? Are you confused about the rules for surveillance cameras and audio recording devices in short-term rental suites? What are the rules around video and audio recording devices in Airbnb suites?

Are cameras allowed in short-term rentals and are they even legal?

With the growing popularity and controversy surrounding the explosion of online short-term rental services such as Airbnb, it’s natural that a lot of people are concerned about their privacy.

The last thing anyone wants when they rent an Airbnb or hotel room for a vacation, only to find out that their every move and word has been recorded by their hosts.

Airbnb’s rules are changing all the time, so we will update this article over time.

Airbnb’s corporate policies on recording

As a company, Airbnb has policies that allow its hosts to use cameras and recording devices in their units for security purposes and “peace of mind” as long as they are disclosed in the short-term rental listing online.

However, recording devices are only allowed in spaces that are considered “common” or public areas. These spaces include monitoring front doors and exits and driveways, but not bedrooms or bathrooms. Cameras or “noise monitoring” devices and their locations, though, must be “clearly identified” and disclosed to guests before they secure a reservation.

But the company’s terms don’t allow for hidden cameras or microphones in common or public areas. They must be installed in prominent and visible areas, and the company claims to have a “zero tolerance” approach to concealed cameras that get reported by users.

The company’s standards state that hosts should never “spy” on guests and must clearly state in listings that they employ security cameras and other measures.

Airbnb guests should always look around to see if they can spot surveillance devices. Make sure to check the alarm clocks near the bed. See if you can see a charger in a weird place or any camera lens. You can also check the router and see if there is anything strange.

Invasion of privacy lawsuit

In November 2019, another John Doe filed a lawsuit in San Diego against an Airbnb host who allegedly installed hidden cameras in his unit’s bedroom and bathroom and watched Doe and his boyfriend have sex.

The invasion of privacy lawsuit also accused the host of distributing the explicit videos, but he reportedly denied that the cameras were operational and was kicked off of Airbnb’s platform.

But back in 2015, the company was also sued by a woman in California after she and her companion discovered a remote-controlled camera on their Airbnb rental suite’s bookshelf. The woman had slept without any clothes on and had freely walked around the unit, unbeknownst to her that she was being recorded.

Can an Airbnb host record you?

The couple also had “intimate” and private conversations that were allegedly captured by the clandestine camera’s sound recording device. The company, according to the lawsuit, allowed the host to keep listing his unit on the website even after she complained.

A few years later, n 2019, the Atlantic magazine ran an article about Airbnb’s problem with hosts and hidden cameras. According to the article, the company has a “trust and safety” team that handles complaints about hidden cameras and uses sex offender and felony offender registries to cross-reference hosts’ information while reviewing user reviews to weed out bad hosts.

Consenting to rent the unit

The article also outlined the findings of computer science professor Jeff Bigham, who wrote a widely-shared 2019 blog post about how he’d found a camera in an Airbnb where he was staying with his family.

To his dismay, he discovered that he’d “consented” to renting the unit and the listing had disclosed the presence of the camera. He didn’t think that was the case, but Airbnb claimed the cameras had been disclosed because they were visible in photographs that accompanied the listing.

Somewhat disturbingly, the problem has become public and pervasive enough to the point where several online guides exist to help guests spot hidden cameras in Airbnb. Experts advise people to look for items that look out of place, such as a unit with multiple smoke alarms where someone could hide a pinhole camera.

People can use flashlights to find lens reflections in the dark or scan the unit’s Wifi for connected devices such as wireless-enabled cameras, such as so-called nanny cams that can be hidden in everyday objects like clocks and even teddy bears.

Hidden cameras and security cameras

The laws in private spaces can get complicated. If you have any concerns, you should first speak to the homeowner. Also, check the house rules before you book. The camera might have just been a motion detector. Sometimes if your rights have been violated, you might be able to get a full refund.

If you think something illegal happened, then you should speak to an attorney. There shouldn’t be any webcam in the sleeping areas.

It’s pretty cheap to buy things like an IP camera on Amazon these days.

According to the company’s own policy, hosts are allowed to utilize surveillance cameras and audio records or noise monitoring equipment in certain circumstances. They must be disclosed in the online listing, and they can’t be in places like bathrooms and where people sleep, including living rooms with pull-out beds.

While many hosts have been caught illegally surveilling guests, they face not only being kicked off of Airbnb’s platform but also civil and criminal liabilities for invading peoples’ privacy and violating people in some of their most intimate moments while on vacation.

When an Airbnb host records you

In addition, the company has a specific policy that only applies to listings in Mainland China. According to the “localized” policy adopted by the company, cameras and microphones can’t be used in “entire homes” or units unless they’re disclosed in common areas in listings that are classified as castles, resorts, or villas.

The company claims this “market-specific policy” for short-term rentals in China was adopted to “match local market expectations and industry standards.” Listings in mainland China are not allowed to have any security cameras or listening devices, except if the unit is considered a “luxury property.”

According to the company’s policy, even cameras that are outside of a unit must be disclosed if a guest who books a listing is compelled to use them when registering and entering an Airbnb.

If a host is caught in violation of Airbnb’s camera and recording device rules, they can have their account suspended or terminated, and it urges people to ensure that their use of recording devices and security cameras is “consistent with applicable local laws and regulations.

Read other interesting laws:

Can you take pictures of people without consent?
Is it possible to purchase a tank legally?

Legal controversies over Airbnb’s clandestine surveillance

Despite the company’s policy about hosts disclosing the use of security cameras, numerous examples of hidden recording devices have plagued Airbnb for years, leading to lawsuits against the company and offending hosts.

As well, hosts caught using hidden cameras in bedrooms and bathrooms have been criminally charged with invasion of privacy when caught.

In December 2021, a couple using the anonymous names of John and Jane Doe filed a $1 million lawsuit in Texas after discovering they’d been recorded in a bed and breakfast rental cabin booked on Airbnb.

The host faced multiple criminal charges of “invasive visual recording,” after the couple found a small black box near the unit’s television that was a camera reportedly “recording their every moment.” They left the cabin and found a hotel, but the host allegedly sent them threatening emails if they didn’t drop the issue.

An easy way to deal with surveillance cameras is to turn off devices in your unit that you don’t plan to use. You don’t want the upstairs homeowner to be watching you via the wifi network on their iPhone (ios) or Android device.

It seems to be an Airbnb policy that they really don’t want to get involved with drama if possible.

Can your Airbnb host record you?

Despite the company’s policy on hosts using cameras in their units, that policy only goes so far and hasn’t stopped rogue voyeurs from using hidden cameras to secretly film their unsuspecting guests.

As with any short-term rental service booked online, therefore, it’s important to remember that when booking a vacation rental, it’s both buyer’s and sellers’ beware because the strange-looking smoke detector in the ceiling may not be there for smoke at all.

There is a famous case of spying that happened in Florida that you might want to read about. There seem to be other tweets and trending stories about Airbnb from time to time.

We hope you found this guide on if an Airbnb host record you helpful.

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Can your Airbnb host record you?