KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ************************************ Hidden cameras in residence June 18 2020 ************************ Hidden cameras in residence ************************ Ken A customer contacted us last week to install a camera system in the house. When I got there the customer requested an estimate to install a camera system to spy her husband. She found him talking to a lady on the phone. Now she wants to install a camera at the master bedroom and another one in the master bedroom restroom. Per legal and privacy, where is our threshold? This is legal? I don’t want to involve our company in a legal issue. Please advise. MR ********************** Response ********************** The Residential All in One, which is the proper contract for this transaction, puts the onus on the subscriber to use equipment and systems lawfully. Unless there could be no reasonable purpose for an installation, one that would be clearly illegal or immoral, you can provide the requested system. A homeowner could have any number of reasons to install cameras in what appears to be a prohibited area. In fact, had you asked about a commercial installation my response would be different: no bathrooms; no dressing area. Privacy issues within a residence are more difficult to assess. Certainly people are free to enjoy their own personal proclivities within their own home. I suppose there may be some things so repugnant that you would not want to install a requested camera, but a bedroom and even a bathroom [depending where in the bathroom] would not be illegal, per se. Again, if we were talking about a hotel room the answer would be different. Your concern about being involved in legal issues is another matter. Legal entanglements is part of doing business, especially the alarm and security business. I am confident that your concern was criminal issues, but aside from that there are civil issues, and you may very well be involved. For example, suppose the husband is caught on camera and a bitter divorce ensues. You may be called to testify regarding the installation and reliability of the video. Sure, this isn’t an everyday concern, but you did ask. Maybe the husband discovers the cameras and decides to sue you for invasion of privacy. Will you prevail? I don’t know, did your [or you] employee divert the data to his own phone for his own viewing pleasure, as the ADT employee is accused of doing? Do the job. Use the Residential All in One. Don’t offer video monitoring or data storage. Keep it simple. ******************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
