KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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another camera placement question
February 17, 2026
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another camera placement question from article on February 10, 2026
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Ken
    We have a customer with cameras on several rental properties. These cover the exterior and common hallways. Some of the hallway cameras can also view the inside of the apartment when the door is opened. One of the tenants complained this is an invasion of privacy. How should he/we approach this?
Jason
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Response
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    Property owners, in this case a landlord, have a right to protect their property, and in fact have a duty to provide some level of security for the tenants.  Cameras are common.  All cameras can be said to intrude on privacy.  Landlords have a right to place cameras in public areas of the building.  The cameras may view a tenant's door.  My guess is that camera placement will need to be examined and determined on unique individual circumstances.  A camera on a hallway facing a door so that when open the camera views well into the apartment, is likely intrusive.  A camera that captures a foot into the door is not likely to be deemed intrusive.
    More important than placement is what is done with the collected data.  A landlord should not use footage obtained lawfully for improper purposes, so using video collected in the apartment foyer or outside the door in the hallway, should not see the light of day if the purpose of displaying the video has no lawful reason.  
    Hindsight will be far more instructive than hypothetical predictions.  There are too many variables, including the complaining party, the offending party and the judge or jury. 
    Avoid positioning the cameras in areas that are not public and in areas where privacy is expected.  The K&K agreements make the subscriber the responsible party, but that doesn't mean you can't be sued.
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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