Central Station two way audio - against the law?

Question:

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Ken

    I may have missed a previous discussion on this matter. In Massachusetts both parties must be made aware that a conversation is being recorded. What does a Central Station do when it “listens in” to a “2-way voice” alarm and records conversations of criminal activity? Should “2-way voice” lines not be recorded? Do other States have similar laws?

Thanks

Howard Rothberg

Technical operations manager

Alarm Central, Inc

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Answer:

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    You can get a head start on the audio laws in your state by going to https://www.kirschenbaumesq.com/avstatutes.htm. 

    Here is my position:  Central stations can have two way audio and record the conversations, though it should not be engaged secretly when there is no alarm condition [unless remote doorman service is being provided]. 

    Alarm contracts that provide for monitoring will also provide for central station audio and recording.  If your contract doesn't have that then get my standard contract forms - in fact get those forms anyway].  This will provide the consent you need with respect to the subscriber.  Criminals on the premises have no right to privacy and won't be able to complain that you recorded them.  Absent an alarm condition obviously a central station should not be listening in and recording, and if it did and then used the audio in any way - it could expect to be sued and perhaps criminally prosecuted.  I don't know if central station systems can be designed to listen in and/or record only when an alarm signal is received, but if not, be sure to train and monitor your operators.

    Some systems are designed to listen in and record even when there is alarm condition.  Remote video doorman is becoming more popular.  Here the central station can talk to someone at the door and continue talking to them as they move about the building [if that service is included].  Obviously someone talking to the central station operator would not be able to complain about the audio or the recording.  But abuse is possible here too. 

    Those residents in the building, those entering with there own keys and not requesting the remote doorman service, don't expect that their conversations are going to be listened to and recorded.   This type of operator impropriety is perhaps the modern day equivalent of the alarm response guard who gets there first and robs the place.  Screen, train and monitor your operators and avoid improper use or application of evolving technology.

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Another audio / video question

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Question:

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Hi Ken,

    I want your legal opinion on this request from one of my clients.  A 92 year old lady is been cared for by a home attendant agency in midtown Manhattan.  The family has found bruisers on her, and the home attendants have no explanation as to how she got the bruises. The grandmother also stated she has been the victim of verbal abuse, by one of the home attendants.  The family hired me to  install a 4 camera system to monitor the hallway, kitchen, living room and her open bedroom.  The home attendant room is not monitored, neither is the bathroom, for obvious reasons. The family wants to identify the verbal abuser, and are also asking if they can monitor the audio, besides the video, remotely.  Please advice, thanks.

Sincerely,

Richard

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Answer:

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        Here is New York's audio law http://www.kirschenbaumesq.com/vid-newyork1.htm

    Before answering I do want to mention that since you requested by "legal opinion" I have to preface my remarks by reminding you that my "legal opinion" is not expressed in these emails [how's that for a disclaimer?].  If I were to express my legal opinion you could then rely on that opinion and sue me if I am wrong.  Since I am firm believer that the value of my legal service is what you've paid for, - well I think you get the idea.  My "opinion which you can't sue me on" follows.

    You can install the equipment, both audio and video.  Why?  Well the best reason is that your subscriber is the home owner and she has requested it [in your case the children of the elderly parent being cared for].  So once you have the consent of the legal occupant of the premises you can install and monitor for legitimate purposes. 

    When the aid is conversing or dealing with the patient you have the consent of one of the parties to listen and record, the patients.  By the way, you can also require the aid to sign a consent for listening and recording on the premises.  You may want to discuss with your subscriber that the purpose of your service is [or should be] not just catching a wrongdoer, but discouraging wrongdoing in the first instance.  Letting aids know that the premises are under surveillance will go a log way discouraging wrongdoing.  I think that should be the goal.  Aids should also be told that the patient should not be taken to any area where there is no surveillance, and I think that can include bathroom and sleeping areas.  Otherwise abuse can take place in those areas.  [dummy cameras in those areas?  another topic].