Wisconsin Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026)
Wisconsin does not have a single, comprehensive video recording statute. Instead, the legality of video recording depends on where you are filming, what you are capturing, and whether audio is also being recorded. Public filming is broadly protected, while recording in private spaces is governed by the state's invasion of privacy and voyeurism statutes.
This guide covers every aspect of video recording law in Wisconsin, from filming on public streets to operating security cameras on private property, so you can understand exactly what is permitted and what crosses the line.
Overview of Wisconsin Video Recording Law
No General Video Recording Statute
Unlike some states that have specific video surveillance statutes, Wisconsin does not have a single law that governs all video recording. Instead, video recording is regulated by a combination of:
- Wis. Stat. 942.08 (Invasion of privacy) which prohibits using surveillance devices to observe people in private places
- Wis. Stat. 942.09 (Representations depicting nudity) which prohibits capturing intimate images without consent
- Wis. Stat. 968.31 (Wiretapping) which governs any audio captured alongside video
- Common law privacy torts which allow civil lawsuits for unreasonable intrusion upon seclusion
- Constitutional protections including the First Amendment right to film in public
The Audio Component
When your video camera also records audio, the audio portion is subject to Wisconsin's one-party consent wiretapping law under Wis. Stat. 968.31. This means:
- You can record video with audio in any conversation you are part of
- You cannot leave a video camera running to secretly capture other people's conversations when you are not present
- In public places where there is no expectation of privacy, recording audio alongside video is generally permissible
Video Recording in Public Spaces
What You Can Film
Wisconsin has no law prohibiting video recording in public spaces. You have the right to film:
- Public streets, sidewalks, and parks. These are traditional public forums where filming is protected by the First Amendment.
- Public buildings. Government buildings that are open to the public, including the Wisconsin State Capitol, courthouses (in public areas), and city halls.
- Public events. Parades, protests, demonstrations, festivals, and other gatherings in public spaces.
- Public meetings. Under the Wisconsin Open Meetings Law (Wis. Stat. 19.81), governmental body meetings that are open to the public may be recorded.
- Anything visible from a public space. If you can see it from a public sidewalk or road, you can generally film it.
Limitations on Public Filming
Even in public, some restrictions apply:
- You cannot block traffic or obstruct pedestrians while filming. Local ordinances in cities like Milwaukee, Madison, and Green Bay may regulate where you can stand.
- You cannot trespass onto private property to get a better camera angle.
- You cannot interfere with emergency responders or law enforcement operations.
- Some public buildings restrict recording in specific areas, such as courtroom proceedings (which require judicial permission) or areas with security restrictions.
Video Recording on Private Property
Property Owner Rights
On private property, the property owner or occupant sets the rules about video recording. A business, homeowner, or landlord can:
- Prohibit filming on their premises
- Require consent before filming
- Ask you to stop filming and ask you to leave if you refuse
- Post "no filming" or "no photography" signs
If you continue filming after being asked to stop on private property, you may be trespassing under Wis. Stat. 943.13 once you are asked to leave and refuse.
When Property Owners Cannot Record
Even property owners face restrictions on where they can place cameras:
- Bathrooms and restrooms are always off limits for video recording
- Changing rooms and locker rooms cannot be recorded
- Bedrooms in rental properties cannot be monitored by landlords
- Any area where people have a reasonable expectation of privacy is protected
Invasion of Privacy: Wis. Stat. 942.08
What the Statute Prohibits
Wis. Stat. 942.08 is Wisconsin's primary invasion of privacy statute as it relates to video recording. Under this law, it is illegal to:
- Observe someone in a private place by using a surveillance device, without that person's consent
- Install a surveillance device in a private place without consent for the purpose of observing occupants
- Photograph or record a person in a private place without consent when the recording is made from outside the private place
A "private place" under the statute means a place where a person may reasonably expect to be safe from being observed without their knowledge and consent.
Penalties for Violation
Violating Wis. Stat. 942.08 is a Class A misdemeanor, which carries:
| Offense | Classification | Potential Penalty |
|---|---|---|
| Surveillance of a private place | Class A Misdemeanor | Up to 9 months in jail, up to $10,000 fine |
| Installing a surveillance device in a private place | Class A Misdemeanor | Up to 9 months in jail, up to $10,000 fine |
Examples of Private Places
Wisconsin courts have recognized the following as private places under the statute:
- Bathrooms and restrooms (including public restrooms)
- Bedrooms
- Hotel rooms
- Changing rooms and fitting rooms
- Locker rooms
- Doctor's examination rooms
- Any enclosed area where a person undresses
Capturing Intimate Representations: Wis. Stat. 942.09
What the Statute Prohibits
Wis. Stat. 942.09 specifically addresses capturing images of intimate body parts without consent. Under this law, it is illegal to:
- Capture a representation of a person's intimate parts when the person is in a place where they have a reasonable expectation of privacy, without that person's consent
- Capture a representation of a person's intimate parts if the representation is made under circumstances where the person has not consented and has a reasonable expectation that their intimate parts are not being captured (such as "upskirting")
Penalties Based on Circumstances
Penalties under Wis. Stat. 942.09 vary depending on the specific violation and the age of the victim:
| Offense | Classification | Potential Penalty |
|---|---|---|
| Capturing intimate representation (adult victim) | Class I Felony | Up to 3.5 years prison, $10,000 fine |
| Capturing intimate representation (minor victim) | Class C Felony | Up to 40 years prison, $100,000 fine |
| Distribution of intimate images without consent | Class I Felony | Up to 3.5 years prison, $10,000 fine |
| Distribution of intimate images of a minor | Class C Felony | Up to 40 years prison, $100,000 fine |
Filming Government Proceedings
Open Meetings Law
Wisconsin's Open Meetings Law (Wis. Stat. 19.81 et seq.) requires most government meetings to be open to the public. The law reflects a strong public policy that the public is entitled to the fullest and most complete information regarding the affairs of government.
You can video record:
- County board meetings
- City council and village board meetings
- School board meetings
- Committee meetings of governmental bodies
- Public hearings
- State legislative proceedings (from designated areas)
Court Proceedings
Wisconsin allows cameras in courtrooms under Wisconsin Supreme Court Rule 61.11, but only with the presiding judge's permission. Media organizations must submit a written request. Members of the public generally cannot film court proceedings without prior authorization.
Drone Video Recording
Drone operators in Wisconsin must comply with both federal FAA regulations and state privacy laws. While there is no Wisconsin-specific drone privacy statute as of early 2026, flying a drone to capture video of someone in a private place could violate Wis. Stat. 942.08. Key considerations include:
- FAA rules require registration for drones over 0.55 pounds and prohibit flying above 400 feet in uncontrolled airspace
- Flying a drone over private property to record activities that are not visible from ground level may constitute invasion of privacy
- Some Wisconsin municipalities, including Milwaukee and Madison, have local drone ordinances
- Using a drone to record through windows or over privacy fences could lead to criminal charges
Video Recording and Consent Forms
If you are recording someone's likeness for business purposes, promotional materials, or commercial use, you should obtain proper consent. Wisconsin recognizes both common law and statutory rights related to a person's image. Getting a signed photo or video consent form protects you from later claims of unauthorized use of someone's likeness.
Using Video Recordings as Evidence
Admissibility in Wisconsin Courts
Video recordings that are lawfully obtained are generally admissible as evidence in Wisconsin courts. To use a video recording as evidence, you must:
- Authenticate the recording by having a witness testify that it accurately represents what it purports to show
- Establish that the recording has not been altered or edited in a misleading way
- Show relevance to the matter at issue
- Address any hearsay concerns if the video includes statements by parties
Illegally Obtained Video
Video recordings obtained in violation of Wisconsin's privacy statutes may be excluded from evidence. Additionally, the person who made the illegal recording may face criminal charges and civil liability. Courts weigh the probative value of the evidence against the privacy violation.
Civil Liability for Video Recording Violations
Beyond criminal penalties, victims of illegal video recording in Wisconsin can pursue civil remedies including:
- Invasion of privacy tort claims for unreasonable intrusion upon seclusion
- Intentional infliction of emotional distress claims
- Negligent infliction of emotional distress in some circumstances
- Injunctive relief to stop ongoing surveillance
- Compensatory damages for emotional harm and reputational injury
- Punitive damages in cases of particularly egregious conduct
Recent Developments
As of early 2026, Wisconsin's video recording laws remain largely unchanged:
- No comprehensive video surveillance statute has been introduced. Wisconsin continues to rely on the combination of Wis. Stat. 942.08, 942.09, and common law privacy torts.
- Body camera legislation. Wisconsin law (Wis. Stat. 175.47) requires law enforcement agencies that use body cameras to adopt written policies governing their use, including retention periods and public records requests.
- Revenge porn protections. Wisconsin's existing prohibition on non-consensual distribution of intimate images under Wis. Stat. 942.09 remains in effect, with no significant amendments.
More Wisconsin Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
Sources and References
- Wis. Stat. 942.08 - Invasion of Privacy(docs.legis.wisconsin.gov).gov
- Wis. Stat. 942.09 - Representations Depicting Nudity(docs.legis.wisconsin.gov).gov
- Wis. Stat. 968.31 - Interception and Disclosure(docs.legis.wisconsin.gov).gov
- Wis. Stat. 19.81 - Open Meetings Law(docs.legis.wisconsin.gov).gov
- Wis. Stat. 175.47 - Body Cameras(docs.legis.wisconsin.gov).gov
- Wisconsin State Law Library - Wiretapping(wilawlibrary.gov).gov
- FAA - Drone Rules(faa.gov).gov
- 18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)