Question:
********
Ken
Are there any pit falls in providing remote video viewing to parents who want to look in on their children while attending daycare? Is there any type of waiver or release needed between the company providing the equipment / service and the parents who have been given access by the daycare? Would the agreement between the installing company and the daycare suffice?
Thanks
Jeff Budd
********
Answer:
********
Day care centers may offer parents the ability to remote view common areas of the facility. The facility should have a consent signed by parents and they should understand [and agree] that other parents will be given similar access. I realize that this affords a great deal of opportunity for abuse by authorzied use or improper use. I can see a great deal of objection by parents and you will also have to be certain that your state has no legislation that would prohibit such viewing. Seems to me that considerable safe guards would need to be in place. In fact it may be wiser to have a special place where parents can view the child and where pass codes are changes frequently.
See comments below - they raise legitimate concerns.
*********
Comments:
********
Ken
This is none of my business at present time and I'm not even the right person to comment on homecare, but I know that the staff is being rotated and filled-in just like schools use substitute teachers. The person assigned to fill shift may not be the same person who consent to video recording. There is always some gray area no matter how carefull you are.
Dusan
*********
Ken
Wisdom is knowing when to say no! I could not imagine an uglier scenario. You are suggesting video of children in a state of undress? Are you insane? When the DA//US Asst Attorney charges you as an accessory to a child-porn charge, how much will that cost? There would not be any waiver signed by anyone that I would accept. If little Susie is on video in a state of undress, and mom and dad ( most foster kids have parents, mommy just happens to be in prison/rehab/ is not around) talk about multiple defendants in a Civil suit!! Bonanza! Bet the State/County will not indemnify you, and if they renege, you get to sue them!!! Oh joy! If you are my competitor, I urge you to take that job!
Bruce Boye
*******
Related Question:
************
Hi Ken,
I really enjoy and appreciate your articles.
I’m receiving a lot of advertisements from various equipment suppliers offering Spy & Covert DVR devices in the form of everything from Pens, Watches, Radios, Keychains, etc. Some of these devices only record video but the majority record both video and audio. I’m looking at expanding more into the residential market through direct sales in my local MD/DC area and through my website for out of area orders. If I add these covert devices to my standard DVR line, what kind of exposure and liabilities could I be facing if a customer uses one of these devices in a state that doesn’t allow audio recording.
Thanks
M. Thomas Sterling, Sr.
Multiple Security Solutions
*********
Answer:
*******
You would think that surveillance devices, both audio and video, are legal if sold in popular retail stores. That may not be the case however and you would be wise to check your local laws. You can start with http://www.kirschenbaumesq.com/avstatutes.htm
but I suggest you make further inquiry. Almost all states have laws restricting audio and video surveillance or interception, but not all extend the penalties to the seller of the devices, only the user. I guess I am skirting the answer - anyone have a better one?