February 21, 2012
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Question
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Ken,
I read your newsletter this morning and it reminded me of a question I wanted to ask. Is it required in NY State to post notice that CCTV is in use on the premises? Does it matter if premises is Residential or Commercial? If it is required are there guidelines for doing so?
Thank you,
Darren
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Answer
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I think there is a popular misconception that signs are required or some how relieve you of CCTV statutory regulations and prohibitions. I don't think they do. I am not aware of any sign requirement in New York, or elsewhere for that matter. The problem with signs is that not everyone can see them or read them or understand them. Furthermore, if there is no sign exception in the statute then posting a sign isn't going to accomplish much if anything. For example, you can't have cameras in bathrooms. Posting signs that there are cameras is not going to work.
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Question
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Ken:
A question on residential cameras again. I know this can be dicey but I have a wife that wants me to install covert cameras in her house to catch her husband doing nefarious things to support her in her divorce against him. Legal or not legal? These cameras will be the "motion sensor" cameras in open areas.
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Answer
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By "motion sensor" cameras I assume you mean they look like motion detectors, not that they start their video feed only when motion is detected. In either event, these are covert cameras in a residence and you already know that the wife is not acting for on on behalf of the husband. You should not install the cameras in the residence and if you do you will risk a lawsuit from the husband.
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Comment - cameras installed in golf club bathroom
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Ken
I thought you might find this relevant
John S Romero, President
Keystone Security Systems
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Question
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Ken
Do you have a contract that is suitable for intrusion detection systems utilizing video verification? We will be utilizing the Videofied system, so there is no CCTV system in place. The video will be only for our viewing for the purpose of verifying that the motion detection is a real threat or not.
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Answer
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The Standard Monitoring Contract is suitable for monitoring any type of data feed, which includes digital, radio, audio or video.
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Comments on video monitoring and licensing
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Ken,
In response to Brad B's question about security guards dispatching due to video that they were monitoring from CCTV cameras. This may help since he mentioned that the monitoring was being done from Florida. State statute 489 Part II is where this info can be found. As defined in F.S.489.505(27), "Monitoring" means to receive electrical or electronic signals originating from any structure within the state or outside the state, regardless of whether those signals are relayed through a jurisdiction outside the state, where such signals are produced by any security, medical, fire, or burglar alarm, closed circuit television camera, access-control system, or related or similar protective system and are intended by design to initiate a response thereto. A state license to perform the act of monitoring is required in the State of Florida. With that being said, what is not clear from Brad's question was some information that may be cause for an exemption to the licensing requirement. Are the security guards, that are performing the monitoring tasks, direct employees of the company that owns the facility(s) that they are viewing? Are company owned facilities the only locations they are viewing? If the answer is yes to both these questions, then they are exempt from the licensing requirement, at least here in Florida. This makes the whole thing fall under proprietary definitions. However, if the guards are employees of a contract guard company contracted by the owner of the facility(s) and the guard company is receiving compensation for the work performed, the guard company would than be required to have a state license, as well as other requirements for each guard having monitoring responsibilities, through Florida's Department of Business and Professional Regulations. The guard company's license, through the Department of Agriculture, is not enough. The act of "monitoring" crosses over into another state agency's territory. Other states may have added requirements. I don't think the question is whether there is any liability from dispatching authorities but more so if they are operating without the proper state license.
Bob Worthy CPP, President
Secur Technologies, Inc.
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In Texas if you sell, install, service or monitor video, your company must have a license and it's employees registered.
Walter Tutor
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You have to be a criminal, or at least live illegally to get free public services. Law obeying tax payers are not entitled. They have to pay additional fee on top of the tax they pay.
Dusan
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On no permit no response issue
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Response to Dusan:
Stupidity will prevail. I agree. The quote of the day should be: Brondos got whats good for ya because Brondos got electrolytes
John Haenn
Concord Communications Group, Inc.
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I concur with Dusan's commentary of 2/17/12, only to add, this is not even the tip of the iceberg. Our Country, it's States, Counties and Towns are desperately looking for new revenue streams and using unwritten authority to get them. They are grasping at any straw.
States and Towns are now looking at the security industry (which has been overlooked for years) as a revenue stream. It is imposable for any businessman to run a 24 / 7 company and keep up with every ploy in every town they service. Government's full time job has evolved into one of sustaining itself at the expense of the peasants. Even collectively thru state and national organizations it's impossible to fight all of these nickel and dime laws. It's death by a thousand cuts. I'm afraid the worst is yet to come.
Respectfully,
John W. Yusza, Jr., President
Monitor Controls, Inc.
Wallingford, CT