QUESTIONS:

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Dear Mr. Ken Kirschenbaum,Esq 

 I read your ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER every time you e mail it to me and it is a great form information for this industry.

 I would like to know In New York City what are the law's pertaining  to recording voices over a cctv camera and having it stored on a DVR.

Thank You

Steven Pagliaro

Safe World Alarm Co.

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Ken- Please feel free to share this email with others.

1.  We are located in New York State

2.  A customer has requested that we record both Video and Audio in her home

3.  Her X is allowed to stay in her home in NY when he visits the children

4.  During that time he is present without her and with the children by himself

 Questions:

 Is she legally allowed to do this?

 Is their a possible infraction of the law?

 Is the audio & video admissible in court?

 Gary Davis

ALARM SPECIALISTS, INC.

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ANSWER:

  I am going to go out on a limb and try to make it simple.  No audio.  No audio independently and no audio as part of a CCTV system.  No audio in commercial premises and no audio in a residence.

 Every state is either one party or all parties consent state for audio interception and recording.  Unless you can insure compliance with the state consent law you can't be sure the audio interception or recording is permitted, legal.  You also need to check your state law to find out who is committing the crime, only the one doing the listening or recording, or the owner of the premises or the one who installed the system and services the system.  Check out http://www.kirschenbaumesq.com/avstatutes.htm

  We see devices advertised where audio is available.  Curiously I've seen these devices advertised on TV supposedly for hearing impaired, but the ad lets you know you can listen in to your neighbors walking along the street or sitting across a field or theater.  Use of the device in this way is clearly illegal. 

 Although I don't see any specific exception in the statutes I believe that audio listening and even recording would be permitted in an alarm situation.  If there is unauthorized intrusion and listening devices are then activated you can probably listen and record.  I've seen cases where the listening devices are mentioned in these circumstances but those cases did not deal with the issue of whether the audio statutes were being violated.  The case simple mentions the existence of the listening device and hearing the intruders.  [I can't remember the case so don't ask].

 If you install audio it makes sense to get the subscriber to sign an acknowledgment that you have explained how the system can be used lawfully and what would be illegal.  You can add this to the Disclaimer Notice that you can get at www.alarmcontracts.com