January 10, 2012
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Question
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Ken
I've a client that is interested in having cctv covert smoke detector cameras installed in his mother's house in Nassau County Long Island.
1 in the living room, 1 in the kitchen, 1 in the den and 1 in her master bedroom the mother has aids taking care of her and the son feels she is not been treated well.
The son would like video and audio.
Please help this would be my first cctv install.
Regards
Clorinda
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Answer
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I've posted audio and video laws on my web site at https://www.kirschenbaumesq.com/avstatutes.htm
Despite the fact that there are several manufacturers who make video and audio combined devices, for covert as well as obvious use, I don't think the statutes have kept pace with the technology. You should address video and audio separately.
Audio in New York requires consent of one party to the conversation to permit listening interception and recording. Other states require either one party or all parties. Since you are in New York clearly the mother or her legal representative [if she is incapacitated] can consent. Therefore, conversations between her and the aid or anyone else in the house may be intercepted, listened to and recorded.
Video is permitted as long as expectation of privacy is not invaded. An aid or anyone else in the house would have no expectation of privacy in the areas you mention for placement of the covert devices.
You may want to suggest that rather than a local DVR the son sign up for either [or both] central station monitoring or self monitoring via Internet connected device. For central station video and audio monitoring you would use the Monitoring Contract and for the subscriber who wants to self monitoring, the Subscriber Enabled Monitoring Service Contract. https://www.kirschenbaumesq.com/alarm2.htm It would be a good idea to get the mother to sign as well if she is able.