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comment on fake cameras
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Dear Ken,
I would like you to reprint a quote you have said about ten months ago that I have printed out and have it posted in my office and will live by it everyday. "ANY FAKE SECURITY DEVICE THAT INSTILLS AN EXPECTATION OF PROTECTION WILL RESULT IN LIABILITY IF A REAL WORKING DEVICE WOULD HAVE ALERTED THE INJURED PARTY WITH SUFFICIENT TIME TO AVERT THE INJURY"
Please share this quote with your readers.
Thank You
Steven Pagliaro
Safe World Alarm Co
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Question on placement
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Ken,
I enjoy reading your e-mails about the different ins and outs for the security and
fire alarm industry. I have a customer that we install the Napco I-see video in the hallways for damage. He has since purchased a new property where some of the cameras would look directly at teneans doors. All of the other buildings I have been careful to not have clear images of tenant doors. My question is does that tenant have an expectation of privacy or does the fact that anytime they would open their door privacy is not expected.
Thank you for your time.
Anon
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Answer
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A tenant does have an expectation of privacy in the tenant's own apartment. Whether a tenant should expect privacy in the doorway may depend. If the camera is covert then I would not have it view into the apartment, at all. A visible camera that is obvious and just as obviously views part or all of the tenant's door, is questionable. The easy answer is - go get the tenant's approval and consent for the camera. If the tenant objects I would counsel against any camera that views into the apartment.
As I have mentioned a number of times before, it is more than likely that the real issue is going to be misuse of video data. Even a camera that is placed in a lawful place for proper purposes, may pick up conduct that would be considered embrassing or intended to be private, even though in a public place. The misuse of that data could be actionable. Some states do not permit taking a video image of another without consent. Misuse of that data will invite a lawsuit.
For commercial CCTV use the CCTV Sales Contract. For residential subscribers the All in One has provisions that cover video. You can of course also use the Remote Video contract or the Subscriber Enabled Monitoring Service Contract. Confused which contracts you need? Call our Contract Administrator, Eileen Wagda at 516 747 6700 ext 312.
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