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Security Cameras in Common Area Legal?

 January 23, 2013

 

Question:

Hi Jennifer,
 
Is it legal in the state of New York to have security cameras in the common areas of a medical/chiropractic office (ie. Waiting room, hallway, non-private areas)?  Thank you

Dr. S

Answer:

Yes, you are allowed to have security cameras in all areas where a patient or individual at the practice (third party, employee, etc) would not have a reasonable expectation of privacy, such as a restroom or changing area.  Common areas such as hallways, waiting room, front desk area are all fair game.  Video in NY is one thing, while audio is quite another.  You are not authorized to record audio in open spaces because NY is a one party consent state, meaning that at least one of two parties in a conversation must consent to the conversation.  When recording open spaces you may very well record two people speaking where neither party is aware of, or consents to being recorded.  So, video is okay, audio is not okay. 

If you think you may be videoing an area where someone would have an expectation of privacy, stop.  Or call and lets discuss.

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