What you need to know
Michigan law makes it a felony to eavesdrop on a private conversation without the consent of all parties and to install a recording device in a private place without consent. Camera audio, hidden devices and coverage of private spaces need a legal decision before they are switched on.
Potentially affected
Michigan businesses, schools, landlords and integrators deploying cameras with microphones, audio-enabled intercoms or recording devices near offices, break rooms, restrooms, locker rooms or other places people expect privacy.
DSE recommendation
DSE recommends shipping Michigan camera installations with audio recording disabled unless counsel has approved a specific use in writing.
Michigan law makes it a felony to eavesdrop on a private conversation without the consent of all parties and to install a recording device in a private place without consent. Camera audio, hidden devices and coverage of private spaces need a legal decision before they are switched on.
Source facts
Under MCL 750.539c, a person who wilfully uses any device to eavesdrop upon a private conversation without the consent of all parties is guilty of a felony punishable by up to 2 years in prison, a fine of up to $2,000, or both. Section 539a defines eavesdropping as overhearing, recording, amplifying or transmitting any part of the private discourse of others without the permission of all persons engaged in it.
MCL 750.539d prohibits installing, placing or using in any private place, without the consent of the people entitled to privacy there, any device for observing, recording, transmitting, photographing or eavesdropping upon the sounds or events in that place, and separately prohibits distributing recordings obtained that way. A private place is one where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance, and does not include a place the public or a substantial group of the public can access.
Section 539d does not prohibit security monitoring in a residence by or at the direction of the owner or principal occupant unless it is for a lewd or lascivious purpose. Its penalties rise to up to 5 years for a repeat violation or for distributing such a recording.
Applicability
Use this for any Michigan installation that can capture sound or that covers enclosed rooms. This summarizes the statutes only; whether a particular microphone, intercom or camera placement is lawful depends on facts that counsel should assess, and federal and other states’ laws may also apply.
DSE recommendation
DSE recommends shipping Michigan camera installations with audio recording disabled unless counsel has approved a specific use in writing. Keep cameras out of restrooms, locker rooms, changing areas and similar private places, and document the business purpose and signage for any audio-capable device that is enabled. Check that firmware updates or new profiles have not silently re-enabled microphones.
Verification
Export each camera’s audio settings during commissioning and annual service, and compare them with the approved list. Walk the site to confirm no device covers a private place, and keep counsel’s approval with the system documentation.
Official references
Michigan Legislature — MCL 750.539c, Eavesdropping upon private conversation. MCL 750.539a — Definitions. MCL 750.539d — Device in a private place. Reviewed October 18, 2026.
Review the official source
Michigan Legislature — MCL 750.539c, Eavesdropping upon private conversation · Verified October 18, 2026
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