Question:
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Ken,
Please tell me how you feel about cameras in individual emergency rooms and
recording of any audio?
Thanks
George
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Question:
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Ken,
Thanks for all the great information you have provide our industry over the years. We have used your agreements in the past and are in need of your assistance once again. We have been doing video surveillance for years and now we are being asked quite often about installing video surveillance along with audio recording and we have no current agreement or disclaimer forms to help protect our company in the area. We have normally stayed away form this service as a company policy but now are looking at this as an additional revenue stream. I have looked over your website but do not see any document that covers this area so the question is do you have any document that would address this field?
Thank you,
Gary K
Maize, KS
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Answer:
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You cannot install CCTV in any area where privacy is expected. In a hospital setting you have statutory privacy issues un HIPPA. Cameras should not be placed in any area where a patient would be expected to undress, or where privacy is expected, such as bathrooms and dressing rooms. Hospitals and medical facilities would be wise to include camera privacy waivers in intake sheets as part of the patient agreement for treatment. In any case, misuse of video will no doubt result in lawsuits and damages.
Audio is another matter because the audio statutes are more detailed. Generally audio interception or recording is not permitted without the consent of either one or all parties to the conversation. Therefore, under almost all circumstances you should not install audio without having the subscriber sign off on how the law in your jurisdiction permits the use of audio.
Audio has been incorporated into alarm systems for some time, and I understand that new technology is making audio - two way or recording - available upon activation of an alarm signal or alarm condition. I haven't seen exceptions carved out in the audio statutes for this but I think it's safe to conclude that anyone who is illegally in premises has no right to expect privacy, and therefore the audio is permissible. Again, misuse of audio will likely be deemed a violation of privacy, even for a criminal. So if you pick up two guys breaking into a premises and they happen to be talking about a pubic stock transaction - make sure you don't trade on that insider advice, and get caught. Or, if you hear something interesting and put it on u tube - expect trouble.
The CCTV contracts cover video systems and all the monitoring contracts deal with audio.