Wednesday, Sep. 3, 2025
Are North Dakota businesses allowed to put cameras in bathrooms

North Dakota law prohibits businesses and individuals from
installing cameras in restrooms or other places where people reasonably expect
privacy. Under North Dakota Century Code § 12.1-20-12.2, it is a crime to
secretly record, photograph, observe or broadcast someone in a bathroom, hotel
room, dressing room, locker room, tanning booth or similar private space
without their consent. This offense, called surreptitious intrusion, is a Class
A misdemeanor for a first violation. It can be charged as a Class C felony if
the person has a prior conviction or if the victim is a minor.
Businesses may legally use video surveillance in areas where
there is no reasonable expectation of privacy, such as entrances, sales floors
or parking lots. However, surveillance in bathrooms or other private spaces is
strictly prohibited and can result in both criminal charges and civil
liability.
This fact brief is responsive to conversations such as this one.
Sources
- North Dakota Century Code CHAPTER 12.1-20 SEX OFFENSES
- Justia Jeffrey Dean Poolman, Appellant, v. City of Grafton, North Dakota
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