Evesdropping issue
****
Hi Ken;
I know this whole issue with audio recordings can get very sticky.
Single party consent for recording a conversation I'm sure is different
than "listening in" on other people's conversations. My question about
recording audio with video, goes more towards how the audio will be
used. If you and I have a private conversation in your office or in a
car or on the telephone, there is a reasonable expectation of privacy.
When people go into a public place and they see CCTV equipment, do they
really have the same expectation of privacy? Also, I don't see it as
being any different than when you call a company on the telephone and
you get a canned message stating that the conversation may be recorded
for quality control. Two people standing in line at a grocery store are
not likely to start discussing intimate details of their personal
relationship, and if the recordings are only being listened to after a
reported problem, again, isn't that kind of a "no harm, no foul"
situation? I have had customers request microphones be installed with
CCTV cameras, and have refused to do so, but in light of how the
gentleman from TN would be using it, I don't see how unlawful it could be.
John from NJ
**************
Ken,
the Arizona statute states: "with the consent of a party to the communication or a person who is present during the communication". Does that mean your example with two people talking and a clerk who has consented is in the room is legal in Arizona?
Please confirm.
Thank you.
Regards,
Mitch Bolnick
********** I still don't think a store can record within its premises, but maybe an AZ attorney will send in an opinion
*********
Ken
Is there case history regarding dummy surveillance cameras installed in a manufacturing operation where the employer wants his employees to think they are being watched for productivity.
Thanks for your extra efforts on this,
Dave
************ I reported a recent case. See my articles
*********
covert nanny camera question
*****
QUESTION:
***
Ken,
I recently installed a covert camera in a newborn’s playroom & bedroom to monitor the baby sitters and Nanny’s for the owner. It has just been brought to my attention that the Nanny is now staying in the house 24 hours and using the playroom as a bedroom in the evenings.
I have discussed a couple of options with the owners and wanted to run them by you before I wind up behind bars. My first thought is that the camera either has to be removed, or the Nanny has to be notified of the camera. My other thought is that I can control the on and off times of the camera and document it digitally to show the camera is off during the evening and early morning hours. I also notified the owners that they should provide other sleeping arrangements for the Nanny immediately. If the Nanny is notified that there is a camera in the room, is it sufficient to cover the liability concerns of my company and the home owners?
Stephen
********
ANSWER:
***
The camera should not be used in the sleeping quarters of the nanny. If the nanny consents to the camera that's a different issue. If she's under age I would not use the camera even with her consent.
********