Q. May I Install Cameras and Audio Recording Devices in my Practice?
A. A. Cameras are allowed anywhere people do not have a legitimate "expectation of privacy", which means that you may install cameras in your waiting room, hallways, offices, etc. Cameras are not appropriate in restrooms or in exam rooms where a patient may be changing. There are a number of reasons why a practice may want to install cameras, CCTV or video recording devices such as monitoring office staff, tracking patients, reviewing practice efficiency or keeping a general video log of daily activities. Since the standard in NY is "expectation of privacy" installing cameras in hidden locations is also not advisable.
Audio recording devices should not be installed in an office because NY is a 1 party consent state, which means that at least 1 party must consent to the audio recording. Installing an audio recording device in an office setting would allow the device to pick up conversations between parties that are unaware they are being recorded. However, because NY is a 1 party consent state, practices are allowed to record phone conversations so long as one side (the practice staff) are aware they are being recorded. In addition, practices often elect to inform patients they may be recorded on phone calls.
