Hidden Cameras in Airbnb Rentals: What You Need To Know About Privacy and Legal Rights

When renting an Airbnb in Colorado, you expect the right to privacy while on vacation. The last thing you expect is to find hidden cameras on the property in bedrooms, bathrooms, or other areas where you expect privacy. If you do, what are your legal rights? Does Airbnb allow cameras in vacation rentals? Can you sue the property owner for an invasion of your privacy?
Our Colorado premises liability lawyers answer these questions and others to help ensure you understand your rights. If your privacy was invaded, we recommend speaking to one of our lawyers today.

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Why Bedrooms and Bathrooms Are Common Targets for Hidden Cameras in Airbnb Rentals

Some property owners place hidden cameras in bedrooms and bathrooms for nefarious reasons. They may record guests while they shower, bath, have sex, or are naked. Then, they may upload those videos to websites to make money. The property owner could also be a voyeur and like spying on their guests.

Other owners may claim they are there because they are concerned about property damage or need to monitor their guests’ behavior to ensure they are not engaging in illegal activities. Regardless of the owner’s reason for hiding hidden cameras, it is an invasion of privacy and a violation of Airbnb policies.

The Legal and Ethical Implications of Hidden Cameras in Vacation Rentals

The ethical implications of having Airbnb secret cameras in vacation rentals are primarily the violation of renters’ privacy. For renters discovering hidden cameras, they can feel ashamed, angry, and upset they were taken advantage of. There can also be psychological impacts, such as mental anguish and anxiety.

The legal implications include violating privacy laws, which could result in legal action against the property owner. CRS 18-7-801 prohibits video surveillance of individuals without their consent where there is an expectation of privacy. The offender could face potential criminal charges and a civil lawsuit under premises liability laws.

How Hidden Cameras in Airbnb Rentals Are Spreading Online

While Airbnb guest safety is important to the company, some hosts fail to follow Airbnb’s policies. Unfortunately, while prohibited by Colorado law, the use of Airbnb secret cameras in vacation rentals is popular online due to various factors:

Hosts upload and sell videos on pornography websites
Some people find excitement in voyeurism these videos provide
There is shock value in sharing videos where one’s privacy is violated

How To Detect Hidden Cameras in Your Airbnb Rental

How to check for hidden cameras in Airbnb rentals include the following methods:

Use your smartphone: Turn on Bluetooth connectivity and check the list of devices to see if you find any cameras. You can also scan the Wi-Fi network to see what devices are listed.
Use an RF or camera detector: You can purchase specific devices that scan for hidden cameras. Hidden cameras could be inside alarm clocks, wall clocks, showerheads, two-way mirrors, or other objects that make finding them more difficult.
Do a visual inspection: Perform a detailed inspection of the property, looking for video cameras inside the property. You should also check exterior cameras to verify they are not pointed indoors.
Use the camera on your smartphone: Turn off all the lights in the room, open your camera, and move it around the room. Your camera can detect infrared light, which some cameras use to detect motion.

What To Do if You Find a Hidden Camera in Your Airbnb

While your first instinct will be to contact the property owner, you should avoid doing this. Instead, you should do the following:

Do not touch the camera: You will need evidence of the camera, so trying to remove it or disconnect it could hurt your premises liability injury claim.
Gather evidence: Take pictures and video of the camera, showing where it is located inside the property.
Call the police: Call the non-emergency number for the police and tell them you need to file a police report.
File a complaint with Airbnb: Use the Airbnb app or website to initiate a complaint and provide them with the appropriate evidence.
Leave the rental property: If possible, do not stay in the rental property with hidden cameras. It could inadvertently indicate your consent to be recorded after discovering them.
Contact a premises liability lawyer: Schedule a free consultation with one of our lawyers to determine your legal rights and options for holding the property owner financially responsible for your losses.

How Airbnb Is Addressing Privacy Concerns and Surveillance Devices

Airbnb updated its privacy policy on March 11, 2024, which took effect on April 30, 2024. The new policy prohibits property owners from having indoor cameras in areas where guests can access the rental home.

Property owners are allowed to have outdoor cameras but must disclose the location of the cameras in their rental listing. Additionally, outdoor cameras cannot be in locations where guests expect a level of privacy, like outdoor showers or saunas.

Tips To Protect Your Privacy as an Airbnb Guest

Some things you can do to protect your privacy when renting through Airbnb are:

Research the host: Read reviews from other guests and pay attention to any negative reviews that could raise red flags.
Use Airbnb Messaging to limit sharing personal information: If you do not want to share your email or other personal information, use the app to message and communicate with the host.
Confirm the host has a verified profile: Only rent from hosts that Airbnb has verified.
Never use provided computers or tablets: Some hosts will offer guests access to a computer or tablet. These should be avoided, especially if they have built-in cameras.
Check the property for cameras: Take the time to do a walk-through of the rental home before settling in.

Ensuring Your Airbnb Stay Is Safe and Secure

Even though Airbnb prohibits using cameras inside rental properties, they cannot control what hosts do. CNN reported that between 2013 and 2023, guests opened 35,000 support tickets for surveillance cameras. While most hosts do not use cameras, you still need to be careful. Take the time to inspect the property using one or more of the previously mentioned detection methods.

Request a Free Consultation With Our Airbnb Liability Lawyers Today

If you discover hidden cameras at your Airbnb rental in Colorado, you are entitled to a full refund of your stay along with other monetary damages. Request a free consultation with one of our Colorado premises liability lawyers for free legal advice and assistance in filing your injury claim against Airbnb and the property owner.