KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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naming alarm co as additional insured / audio in church and gym
May 1, 2018

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naming alarm co as additional insured
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Ken,

    We have a customer questioning the idea of listing us on his homeowners insurance as an additional insured as described in section 23 of the All in One Agreement.  What should I tell him regarding this? I believe his concern was that it would add cost to his insurance premiums. And, to be honest, while I see that it is an additional protection for us, I can't say that if I were the customer I wouldn't question this as well.
Thanks,
Jamie 
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Response
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    What you should tell your subscriber and why the provision is in the contract are two very different answers.
    First, let me start with how I would end this article.  You can delete the "additional insured" language if it raises an issue and certainly if it's a deal breaker.  It's an important provision, but not critical.  At least some of its purpose is covered by other provisions.
    
What should you tell your subscriber?

    Why is the provision in the Standard Form Agreements? 

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audio in church and gym
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Ken,
    Can you give us guidance on the following?
    I have a client that wants to record audio in a church to post to their members who can’t make the service. Can we provide this service or is it an infringement of constitutional right to privacy? They also want us to record audio in their gymnasium for them to use. Is this an infringement as well? I believe New York has a one on one exclusion but I’m not sure if it’s legal if multiple parties are involved? We are a New York based company.
    Thanks very much for the help.
Regards,
Michael
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Response
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    It's time to balance technology with the statutes, enacted well before the technology.  A church may want to broadcast its service, video and audio, on the Internet.  A school may want to broadcast a sports event.  
    How do we reconcile these broadcasts with video privacy statutes and the prohibition of mechanically intercepting or recording audio unless [in NY] at least one party to the conversation consents?
    I think the answer is in how the transmission, video or audio, is used.  Generally, there is no expectation of privacy in church or in a gym.  That could of course change depending on the circumstances.  Two people shooting hoops in an empty gym, or sitting in an empty church having a conversation, do not expect to have their conversation intercepted, recorded, secretly listened to by anyone else.  But if you are in the audience in church or the gym, especially if you know the service or event is being taped, video and audio, you can hardly complain.  But there are limits.  Your video or audio cannot be used for commercial purposes [except news broadcast].  
    How can an alarm company abuse or exploit video and audio and get into trouble?  Well, take pictures of the video or excerpts from the audio and put it on the alarm company's website for commercial purposes, or use the data for some improper purpose, like blackmail.  This advice should be obvious.    
  Keep in mind that you are only installing the equipment.  Maybe storing the data.  It's up to the subscriber to lawfully use the equipment and technology, and the 
Standard From Agreements make that clear.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com