Question:
Ken,
How about Illinois law.. Does it apply the very exact same?
Keith Fisher
ANSWER:
Ken,
This is an interesting topic. We have had customers inquire
about this stuff and have had many discussions on it.
The question is, who would be charged, the alarm company installing the
devices, or the person who commissioning it? Do we have the burden to
determine the legal "owner or principal occupant" and to what lengths are
we required to go to validate such representations? Do we need to get a
certified deed/lease and identification? Find out (somehow?) if they are
married or cohabitating, get their spouses or partners consent as ".. the
person entitled to privacy"? ? You get the idea.
Do we need to get a separate statement stating they are getting this for
"security"? Would that likely provide reasonable protection?
Or, do we simply say we will not do a certain kind of work?
Anthony J. (Tony) DiVento, CFO
Sentry Watch, Inc.
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Ken,
I have a similar situation in NJ. The Homeowner just bought a kit CCTV
system with cameras that have audio built into them. He wants me to install
them inside and outside of his home. I told him that I would not install
the cameras with the audio connected and signs a statement to that fact. I
also took out a permit so it would have to be inspected. What would happen
if the homeowner relocates the cameras or connects the audio after it has
been inspected and it was used to spy on or listen into someone else's
conversation? Would I become a liable party because I was the installer of
the system?
Jerry
Spectrum Cable & Alarm
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Answer:
You need to know who you are doing business with, and you should know
if you are dealing with an owner or tenant. Try to get both a husband and
wife to sign the contract. You also need to know the law in your state
regarding installation of CCTV and audio equipment. Below is Illinois law
for CCTV. If you install a lawful system and the subscriber moves it is
unlikely that you can be held responsible, at least until you service it
after you know its been moved; so don't.
Ken:
There is an Illinois Statute prohibiting recording a person in their
residence without their consent-
720 ILCS 5/26-4 (2005)
§ 720 ILCS 5/26-4. Unauthorized video recording and live video
transmission
Sec. 26-4. Unauthorized video recording and live video transmission. (a)
It is unlawful for any person to knowingly make a video record or transmit
live video of another person without that person's consent in a restroom,
tanning bed, tanning salon, locker room, changing room, or hotel bedroom.
(a-5) It is unlawful for any person to knowingly make a video record or
transmit live video of another person in that other person's residence
without that person's consent.
Avrohom Gefen, Esq.
KIRSCHENBAUM & KIRSCHENBAUM, P.C.