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Audio Video Questions
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Ken,
I read the question about audio and video recording at the yogurt shop in Rochester, NY. Is it also illegal to record audio like that in South Carolina? If so why do most camera companies offer it built-in to their NVRs and DVRs?
Thanks,
Rick Zajac
Premier Sound Satellite & Security LLC
Myrtle Beach, SC
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RESPONSE
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I can't answer that. My car goes 150 mph but I don't know where it's legal to drive that fast. You can record audio when you have the consent required by statute. For SC check https://www.kirschenbaumesq.com/page/alarm-law-issues
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QUESTION
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Ken,
In regard to John Romero’s audio recording question, since NY is a one party state wouldn’t it be legal if the owner took some steps such as, having all employees sign a document stating that they were aware that audio recording was taking place, and then also prominently displaying signs alerting the customers as well?
Thanks,
Brian Selltiz
Digital Provisions, Inc
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RESPONSE
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You can get the consent of your employees. That's one party. But when you're in an all party state that won't be enough. Also, in a public place, like a store or office, the audio may pick up conversation between two or more quests who haven't consented. Signs don't help. No statute says you can post signs to obtain implied consent.
I recently came across an article you wrote for securityinfowatch.com regarding the legal liability for installed surveillance cameras while doing some research and I wanted to ask a follow up question based on the statement you made that there is little precedent in cases involving video cameras in residential buildings, and that you seem better informed on this topic than most.
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question
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Ken
Is a resident of an apartment complex required to have approval from the building’s management company to set up their own video surveillance of public areas of the complex? My understanding is that the building assumes responsibility for the maintenance and safety of residents in common areas of the building, not an individual, and I’m trying to determine what the legality is for someone who records these common areas 24/7 without either approval from the building or notification to the tenants that they are being recorded. Would the resident who is recording these areas be forced to stop filming if he does not receive approval?
I would greatly appreciate your input on this as it seems to be a serious gray area legally.
Thank you,
anon
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RESPONSE
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How does a tenant install video equipment outside of their demised space without the landlord's approval? They can't without breaching their lease. A tenant can set up a camera in their own apartment and view and record through a window, as long as the camera is not set up to view an area where privacy is expected, such as a neighbor's bathroom or bedroom. In fact, the tenant under surveillance might complain to the landlord that the other tenant is creating a nuisance by setting up a camera, or telescope, and viewing into the neighbors living room or other private space. Even if the landlord doesn't take steps to compel the offending tenant to remove the viewing devices the neighbor could make a good argument that the entire living space is entitled to expectation of privacy. I can see how different facts might make for a different outcome. For example, a NYC loft or apartment with nothing but windows for walls may have a harder time demanding privacy than an apartment with a few 3 by 3 windows.
Bottom line, no audio without proper consent and no video or viewing in areas where privacy is expected and also no video for purpose of commercial exploitation without consent.
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QUESTION
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Ken,
I have a question that is similar to the previous discussion about camera audio. In my situation, we have been asked to install cameras with audio in a residence so that the caretaker can monitor an elderly family member in his bedroom (who has physical & mental limitations) during the night from another room. Is it legal in this application? And if so, is there some sort of disclaimer that I need (as a certain level of privacy would obviously be expected in a bedroom area).
FYI: No DVR for recording of video or audio is to be installed. This is strictly for live video & audio feed.
Thanks for any advise you have.
Jessica Webb
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RESPONSE
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If one party state then you have the consent of one party. I am assuming you don't want to get consent of the caretakers. If you do get caretaker consent then you can monitor video and audio throughout the residence. Audio and video installations and services are covered by the Standard All in One forms.
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