January 29, 2011
******************
*************
Comment
***********
Ken,
After reading your response on the topic of audio recording and visiting your section on our State’s statutes, I went to our State web and found more detail relevant to the topic. You may want to update your references or clarify. I also wonder about all those microphones I see mounted above the register at so many convenience stores. Perhaps they are tied to the holdup system making them only active during an actually (or suspected) crime.
Tom Brown
*****
Revised Code of Washington (RCW)
RCW 9.73.110
Intercepting, recording, or disclosing private communications — Not unlawful for building owner — Conditions.
It shall not be unlawful for the owner or person entitled to use and possession of a building, as defined in RCW 9A.04.110(5), or the agent of such person, to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in such communication or conversation are engaged in a criminal act at the time of such communication or conversation by virtue of unlawful entry or remaining unlawfully in such building.
********************
Response
******************
I posted the above on my web site at http://www.kirschenbaumesq.com/avstatutes.htm
Thanks for sending the new law. Any one know of other audio laws not already on my web site - please send them to me.
This makes a lot of sense and is consistent with what I anticipated the law would be regarding audio - those on the premises illegally - or as the above statute provides - engaged in a criminal act - have no expectation of privacy and cannot complain that their conversation is intercepted or overheard.
Other states should enact similar legislation to avoid protracted lawsuits that could otherwise arise.
This does not of course address microphones in retail stores. Those devices should not be used during working hours, or when employees are on the premises, unless the employees have consented to audio interception.
***********
comment
***********
Ken
Just when I thought audio laws could not get any worse on audio recording, (granted the number of states was small) they do get worse.
Pennsylvania and Mass have both legislated audio OUT in almost all systems.
I always thought that employee notification ((Paycheck stuffer and posting on company notice board)and signage in public areas was enough.
Massachusetts and Pennsylvania have now apparently taken the stand that signage does not cut it if your visitor is visually impaired. AUDIO RECORDING I PROHIBITED.
Just to play devils advocate, what about the customer service call centers that have an audio recording
" THIS CALL MAY BE RECORDED FOR CUSTOMER SERVICE"
What about HEARING IMPAIRED CALLERS that use TTY?
Your advice that we have almost no protection is not alarmist, it seems to be very accurate.
Joel Kent
FBN Security Co LLC