QUESTION:
Ken,
I have a customer who has requested hidden video cameras to be installed in dressing rooms in his store. He is experiencing a theft problem and is sure it is occurring here. He claims to have checked into this and that it is legal to do . Is it ?
Ron
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ANSWER:
This seems to be a difficult issue for at least two reasons. One, there is a dearth of law (statutes or cases) dealing with the issue, and two, technology is making cameras more affordable and user friendly.
Before you decide where you are NOT allowed to install cameras you need to check your state laws. There may be specific statutes that govern your installation and obviously you need to comply with those statutes. In the near future I will do a state by state review and post the results on my web site. Until then, if you know of any laws on this topic please send them to me for circulation.
If there are not laws that govern then you need to respect the right of privacy, and the expectation of privacy. Bathrooms and dressing rooms are areas where privacy would be expected. I suppose that a dressing room or certain areas of a bathroom could have cameras, but I think you would have to include a few items in your contract before you do an installation.
First I would insist on a provision that the subscriber has selected the placement of the camera and the reason for the placement. Second, I would provide that the installation comes with conspicuously posted signs, that either you will provide and include in your cost, or spell out specifically that the subscriber is going to obtain, install and maintain while the cameras are in use. Third, I would insist upon an indemnity agreement whereby the subscriber agrees to assume not only all responsibility but agrees to hold harmless the alarm company for any claims, damages and defense costs in connection with the installation. Keep in mind however that the indemnity is only as good as the deep pocket of the subscriber. If the subscriber is unable to respond to damages then the indemnity won't be worth anything.
Your insurance E&O may not cover a claim if it is determined that the installation was not negligent, but a violation of statute or intentional wrongdoing.