September 20, 2011
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Question
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Ken,
I am currently doing a housing authority project. It involves the installation a security cameras. They currently want me to face cameras toward tenants apartment doors. When doors are opened you will be able to see inside apartment. You will not be able to see much but you still will be able to see inside. Is this illegal? Is this considered envision of privacy? Please help. Any information would be greatly appreciated.
Thanks in advance.
Tom
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Answer
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There are a number of issues that you should be aware of before proceeding. The most obvious is that you should not install cameras where you know there is an invasion of intended and expected privacy. Positioning a hallway camera so that it views into an apartment sounds like a violation of that rule.
I was leaning towards going along with the installation because the subscriber is the housing authority, an agency of a municipality. Surely the governmental agency would not spec out and install illegal cameras? Then I thought, sure it would. Not only can't you hide behind the governmental agency, but more than likely your bid package or contract with the agency requires you to indemnify the municipality against claims. It would not surprise me if there is a clause in the municipal contract that requires you to report code or trade violations or departures even if called for in the approved plans and specifications.
I think you should report your concerns to the agency and insist that it indemnify you. If you are using one of the Standard Form Contracts for your installation then you are indemnified by your subscriber. You should also get approval for the installation after you point out the possible privacy violation. You can suggest that the cameras be positioned to view the hallways without intruding in an apartment.