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Camera question from member of public / Is original signature needed / Register for tomorrow's free Webinar by Jeff Zwirn
February 15, 2021
Camera question from member of public
          Please advise
          The complex (15 units – 3 rows – 5 units per row) (I’m Unit No: 3 in row 1- where units 1 –5 is).  Management installed a camera monitoring the access to my unit. This camera in my view should have been installed at the entrance gate on monitoring the access of vehicles into the row and complex
          I did not grant permission to record our access our my unit. Can I request this camera to be moved and places in a position where it does not record our access to my unit?
          Please help as this is affecting the mental state of my family. 
Thank you
          Since I don’t provide free legal services to the public I didn’t respond to this inquiry.  However, I thought it a good topic for discussion here. 
          Management decided to have cameras installed and they were presumably installed by a professional alarm – security company, neither of whom, I guess, considered the legal consequence of the placement of the cameras.  The tenant or unit owner, whatever her status, complains because the camera views access to her unit.
          Is the camera placement an infringement on the tenant’s right to privacy?
          I think the short answer is it’s not.  The camera views common area since it does not view inside the unit.  There is really no right to privacy in the common area.  However, the tenant is not without some argument that there is no legitimate reason for the camera placement.  That may be accurate, but from management’s perspective it may be wrong.  Maybe management does have a reason to view who is coming and going from the unit, or maybe the camera picks up other common area that is really the focus of the camera and the door to the unit is simply within view. 
          Of course the tenant can request the camera be moved, but management will not be legally required to move it.  On the other hand, management will have exposure if the viewing or recording is used for impermissible purposes.
          Disputes regarding placement of cameras is fairly common, and likely to become even more common. The camera installer would be wise to use either the Standard Commercial All in One or the Standard Camera Agreement which requires the subscriber to indemnify the installer from third claims.
Is original signature needed
          I have a question for you.  On a lot of documents it requires our customers signature.  Are originals a must or would a signed and emailed copy back to us work too?
          Original signature is not required.  You can rely on a copy of the contract that has been signed.  Keep in mind that this answer is based on the question and does not account for variables that may cause the signature or the authenticity of the document to be challenged.

Webinar announcement: Register now for this informative webinar
Title:  Forensic Analysis of Non-Conforming Control Panel(s); the UL issue
When:  February 16, 2021 at 12 PM noon ET  1 hour.  Will be recorded
Topic:  Analysis of risk if using control panels that don't meet UL and NFPA standards
Presented by:  Jeffrey Zwirn and  Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72
Hosted by: Ken Kirschenbaum,Esq
Who should attend:  Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301