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Follow up to Cameras in the waiting room?

September 1, 2016
 
Question:

Hi Jennifer,

Thanks for Tuesday's email on Cameras in the Waiting Room. As a follow up - do we / should we put in the Notice of Privacy Policy that there are cameras in use in the office?  Is it OK in NY to record audio IF it is in the Privacy Policy and / or it is posted conspicuously for everyone to read?

Thanks in advance!

Dr. L


Answer: 

1.  There is no need to post in your privacy notices that cameras are installed in the practice. So long as cameras are not hidden or placed somewhere a person would have a reasonable expectation of privacy, you are A-OK. I do not see putting in your privacy policy as beneficial, or necessary.  

2.  With regards to recording audio, signs do not make a difference. It is illegal in the State of New York (as well as other states) for a third party to record a conversation where 1 of the two people do not know they are being recorded. New York is a 1 party state - 1 person, or the majority of people must know they are being recorded for it to be legal.  I recommend you forego audio entirely and rely on video.  

Hope this helps!


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