Question:
Ken,
we have a customer who wants to record audio with the cameras we are installing for him. His situation is: he thinks one of his sales people is stealing his customers by directing them to his side business. What are the legal rules on this? Does he need to post signs that audio is being recorded? Are we (as a low voltage contractor) accepting any liability or lawsuit risks by doing this for him? I don't think he wants to use the recorded audio in a court of law, he just wants to prove what he suspects. He may want to use it as a means for termination of this employee though. Any insight you can give me on this scenario would be greatly appreciated.
Thanks,
Bill B
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Answer
Every state has a statute on the books for audio recording or mechical audio interception. If your state missed that issue, there is a Federal statute that governs. The bottom line is that you either have to have one party to the conversation consent, or all parties consent, depending on your jurisdiction.
As a seller and installer of the equipment you face criminal charges if you install the equipment. Since the equipment is legal to use when there is the appropriate consent it may be difficult to prosecute an installer, but I don't think you want to chance it.
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I did start to put the laws for each state on my web site. Anyone with a copy of the law in your state please send it along. I am in the process of updating the state by state statutes on my web site. They are found on the Alarm Law Issues page link. Here is the direct link for those too lazy to navigate:
http://www.kirschenbaumesq.com/legal.htm
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Video is another matter. The Feds and states have not gotten around to legislating video monitoring or mechanical interception of video, but you should not install video where there is an expectation of privacy, such as a bathroom stall. You can expect legislation on the issue, and if anyone knows of statutes in your state please send them to me for posting.