QUESTION:
Hi Ken,
Thank you for your response to this question.
I have mentioned concealed cameras in public places in a past thread. Here is the subject
brought up again. Could you give us your thoughts on concealed cameras in public places, such
as parking lots, buildings used by the public and in multi family buildings? Or .... for
that matter, anywhere, even Nanny cams.
It would seem that if the cameras were not revealed, were not used in a place where a person
would normally expect privacy, that there would be no liability placed on the owner, by
people who may have been harmed or injured on the premise through no fault of the owner. In
other words, would not this allow an owner to obtain benefits without liability?
However, what would happen if, in any of these places, if a bad event occurred, and then it
was revealed that cameras WERE ..... being used, but there was no prior notification that
they were there.
I know that there is probably no precedent, as you say, but you're perspective is always
valuable.
Thanks
Gene
Reliable Alarm
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ANSWER:
Unlike audio interception and recording, video application has received little
attention. I am not aware of legislation that addressed use of video for surveillance
purposes, although I have not researched the state laws.
I think the universally accepted standard is that you cannot install video where privacy
is expected. Most prohibited areas are obvious. There is no doubt existing penal statutes
that could be applied, and an offended party would certainly have civil remedies in tort
law. So let's put this issue aside because an alarm professional is not going to install
CCTV in prohibited areas.
What exposure does an owner face for installation of covert cameras? Probably less than
one who installs highly visible cameras. The issue is the public's reliance on those cameras
to provide some security, and covert cameras offer little preventative protection.
An owner should expect to have to reveal and turn over video recordings at the request of
police in connection with investigations, but I don't believe there would be any liability
for failure of systems to operate or function as intended.
Covert cameras serve a far different purpose than visible CCTV application. Much of the
benefit of security installations is the deterrent factor, which is not a consideration when
covert cameras are used, unless highly visible signs are posted advising of the hidden
cameras.
Absent legislation in your jurisdiction there is no prohibition installing, viewing and
recording video surveillance. Use of the recording, especially for commercial purposes,
could violate the rights of the person recorded, but that's another topic.