KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on bathroom cameras
October 5, 2019
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more on bathroom cameras from article on September 30, 2019
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Ken,
     In response to cameras being installed in a bathroom, we have installed a camera in a restaurant bathroom where patrons kept defacing the mirror with a knife or other sharp object and the owner had to keep replacing mirrors which can get very expensive. The camera was installed only in the men’s bathroom pointed only at the sink area where there is no expectation of privacy because 2 or 3 people could be washing hands at the same time.
     I had owner sign a hold harmless agreement and read and provided a couple of Ken’s articles to the owner regarding bathroom cameras. He knows the risks and still wanted it installed knowing that he had to use the video in a responsible manner . A patron reported that to the local news media and it made the news and the owner was interviewed then the whole thing just went away.
     The owner also posted a sign just outside the men’s bathroom indicating that there is a camera in use.
     This was about 3 years ago. They have since caught kids scratching the mirrors once that I know of and the mirrors have been left alone since. The camera still remains.
  Thanks,
WM
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Ken,
     I want to clarify my original question on cameras in bathrooms. The situation our company is facing is a drug testing facility. The “restroom” cameras requested are actually in the drug testing rooms and the state requires the drug test to be monitored. So why there is someone using the restroom in there, the cameras purpose is to monitor a state mandated drug test.
PF
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Response
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     Bathroom cameras. Risky business.  The Standard Form Agreements do shift responsibility for legal  use to the subscriber, but that probably won't matter if you get caught up in bad publicity.  Then again, some believe any publicity is better than none.
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com