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Follow Up On Audio And Signs / Another Camera - Audio Question - November 23, 2016

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FOLLOW UP ON AUDIO AND SIGNS FROM NOVEMBER 12, 2016
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Ken
    Follow up question on the audio recording article.  Most DVR’s have at least one channel designated for audio recording.   We have only installed a few microphones over the years in businesses by cash registers.  The responsibility falls on the business owners to notify patrons of the recording,  correct?   We also use your contracts for camera installations.  Would any liability fall on the installation company?  Thanks
 Erick Toth
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RESPONSE
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    The responsibility does fall on the business owner, not alarm company, but its more than "notify" its customers when it comes to audio.  Your subscribers need to get "consent" from its patrons to record or mechanically listen in.  One or all party states does make a difference since employees can consent in their Employment Agreement.  
    Alarm companies should have no liability for installing listening devices, though may face potential liability [and lawsuits] if the installation is in a known restricted area or the alarm company knows that the device will be illegally used.  
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ANOTHER CAMERA - AUDIO QUESTION
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Ken,
    I have a client who owns a liquor store and he is interested in putting cameras with audio over the registers only. We are based in NY.  Are we able to do that and would he need any consent from employees or customers?
Thank you,
Michael Trepper, CEO
American Loyal Security Specialists Inc
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RESPONSE
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    What your subscriber needs is not your concerns and you shouldn't be offering legal advice to the subscriber.  You should notify the subscriber that there are laws governing the use of audio and video equipment and that it's the subscriber's responsibility to comply with those laws.
    As I write this I am not sure that our Standard Form Agreements make that clear statement.  The Standard Form Agreements will be modified this week to include that admonition. 
    I don't offer subscriber's advice [for free], but since you asked, your subscriber will need consent from its employees, in writing.  Harder to get consent from the customers, but signs don't help. 
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