QUESTION:

Ken,

     Thanks again for your security documentation. Do you know or have anything that addresses a camera on personal property that looks onto a neighboring property or a city street/ road? Do you know if these are things we should concern ourselves with on our camera installations?

    Have A Great Day,

     John Timmerman

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ANSWER:

    CCTV statutes are not uniform state to state.  In fact many states may not have kept up with technology.  To be certain that you are not violating the law you need to check your state for voyeurism statutes.  You can get a head start on my web site at http://www.kirschenbaumesq.com/avstatutes.htm

    I have addressed this issue in several articles that you can find at http://www.kirschenbaumesq.com/emailarticles.htm

    Once on my articles page use your edit feature, search and find.  Search for CCTV and you will see the several articles.

    A good rule of thumb is that you should not install cameras where privacy is expected.  If you want to have cameras on your house and in your yard there is probably not going to be a problem if your camera views part of your neighbors property.  That doesn't mean you can direct your camera at your neighbor's pool or patio, or front or rear doors.  It means that incidental intrusion off your property in non sensitive areas would not violate law or notions of decency.  If it would bother you then you should consider that it will bother the neighbor.

    Voyeurism is usually a crime.  The criminal conduct usually includes the owner and user, but may include the installer or anyone who services the equipment, so read your state's law carefully.

    When installing CCTV you should be careful to describe in your contract or installation design [which is not a substitute for a contract] where you are installing the cameras.  Cameras sometimes get moved to areas that you would not install them and you don't want to be accused of performing the installation.

    If your state's statute does not penalize you for installing equipment and you think your subsciber is asking for a questionable installation, then make sure you describe the installation in your contract, and specify that you advised the subscriber against it.  Since your contract will have an indemnification clause [and if it doesn't get a new contract at www.alarmcontracts.com] so you don't need to ask for indemnity again in connection with the questionable CCTV location.

    If the location of a requested camera is not questionable because you know full well that its wrong, then you should refuse to install it.  Period.  You won't be able to explain a camera in a bathroom so don't get yourself in that situation.

    I do have several contracts for CCTV.

    If you install CCTV with local DVR then you only need the Sales Contract.  You should also get a Service Contract also.

    If you install CCTV with central station video monitoring and date storage, get the CCTV Sales Contract.  This is a supervisory contract with recurring revenue.

    If you are installing the Remote Video Monitoring equipment, whereby signals go through a central internet server and can be viewed by the subscriber on a cell phone or computer, get the Remote Video Monitoring Service Contract.  All contracts can be ordered at www.alarmcontracts.com.