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Audio to intercept neighbor
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Ken
My name is Ryan Bell and I work for Northeast Security Solutions in West Springfield, MA. I have a customer who would like a microphone installed on an existing camera system that we installed for the exterior of his home. The customer has a trouble neighbor and also a daycare business next door. We would put signs up, but I was still unsure of the legality of this setup even after reading laws on recording sound, as most of the laws seem to either address recording phone calls or police interactions in public places. I was under the impression that this was acceptable as long as the microphone was only recording the sound in his yard and it was clearly posted that he was doing so, but I wanted to get your take on the situation. Have a good day!
Regards,
Ryan
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Answer
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Thanks for the question; it caused me to have our web site updated to include the entire statute that addresses your issue. You can find the law here: https://www.kirschenbaumesq.com/article/pdf/003275-ma-eavesdropping-wire-tapping-and-other-interception-of-communications.pdf
Seems to me that if your subscriber intends to record his neighbor using a device installed by you, and you know his intentions, both of you are at risk. Here is the pertinent part of the statute:
"willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.
Proof of the installation of any intercepting device by any person under circumstances evincing an intent to commit an interception, which is not authorized or permitted by this section, shall be prima facie evidence of a violation of this subparagraph."
Seems like your subscriber is willfully intercepting and that you did the install.
Those of you in other states can check your law here - let me know if any need updating: https://www.kirschenbaumesq.com/page/alarm-law-issues
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camera in bathroom - is there an exception to the rule
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Ken,
We have a question regarding the legality of placing a camera in a restroom at a treatment facility in Oregon.
It is our understanding that installing cameras in bathrooms is not legal.
Our client “is a state and federally licensed Outpatient Treatment Program (OTP) focusing on the treatment of people suffering from addiction to opioids (heroin, codeine, oxycotin, morphine, etc.). We are required by regulation to conduct random, observed drug screens on all of our patients at least once a month in order to monitor their illicit drug use. Due to the sometimes unstable nature of patients suffering from addiction and the sensitivity surrounding these drug screens it is the preference of the state of Oregon to use a camera system for the drug screens in order to protect both the patient and our staff.”
Would you please verify the State’s position?
Would you please address liability for our company/technicians.
Thank you,
Christine
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Answer
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I didn't find any law in Oregon on cameras, peeking toms or surveillance. Still, I would be leary about invading privacy rights. Your subscriber is state licensed, but that doesn't make it a state agency. Reasoning this out, I am curious about the bathroom facility. If the subscriber is that concerned about surveillance in the bathroom I wonder if the door to the facility and to the stalls have been removed. If not, why? Could it be that the subscriber recognizes that privacy is expected in the bathroom?
There are other ways to test for drug use other than placing a camera in toilets.
If the subscriber is a state agency, or not, and insists on installing cameras where you question the wisdom, if not the legality, then be sure to get a full indemnity from someone who has deep pockets. If you are dealing with a state agency you might also want to ask for an opinion letter from the state attorney general or consumer affairs office, or other AHJ, sanctioning the placement of the cameras. Could come in handy if you get arrested.
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