January 17, 2011

Question

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Hi Ken,

     I hope you are well. I enjoy reading your emails and appreciate the information!  I would appreciate NOT making this an email unless you make it anonymous?

    Many manufacturers are moving down the Video Verification path and  have been providing this feature along with remote video viewing for many years.

Privacy laws being what they are, when manufacturers provide receiving servers in central stations (either at no charge or purchased), video is being sent to the servers and in most cases forwarded to the home owner and stored to some degree. In Canada for instance, an alarm company must have consent from the home owner to have any video of people in the home (at least I am being told).

    What is your opinion of the video sent to the central station on an alarm signal or that passes through the server to the home owner? One would assume that one of your contract would cover the consent or obligation of the central station?

    I am being told that insurance companies are reluctant to provide E&O when video is involved for fear of litigation with the misuse of the video?

As a provider of the equipment I would like to ensure we are supporting our clients and helping them stay clear of issues especially one as sensitive as this. Your guidance is greatly appreciated!

anon

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Answer:

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    The subscriber signs the CCTV Sales [or CCTV Lease] when there is central station video monitoring and data storage.  That will provide sufficient consent and protection.  However, there is no consent to misuse of the data, and no protection from either criminal or civil liability if there is blatant misuse of video date, or audio data for that matter.

    For example.  Alarm goes off.  Video picks up naked woman, who is the subscriber, who shuts off the alarm and confirms by code everything is OK.  Video of naked woman winds up on Internet or TV. 

      The Remote Video Monitoring Contract is used when the video data passes through the manufacturer's server and goes to the subscriber's computer or smart phone; there is no central station monitoring or data storage. 

     Video verification is long overdue and I am sure will prove to be a tremendous contributor to RMR in the future of alarm companies.  The Standard Form Contracts are designed to build RMR and protect you from liability for the service provided