November 16, 2011

 

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Question

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Regarding the email thread from Dusan discussing the hidden camera in Starbucks [Nov 5, 2011] I wanted to get some commentary from you regarding Visonic product.

Recently we launched a solution called "RealAlarm" that sends images via RF and GPRS to a central station for event viewing and priority response. Generally the product purpose is for a permanent security application using PIR Cameras, door/window transmitters, smoke and carbon monoxide sensors to detect and subsequently send images to the central station.

This in itself does not appear to have any legal consequences in or out of a home or business as the images are event driven and can not be viewed unless a detection or alarm has occurred. In this instance I don't believe there is an expectation of privacy. Bad guy breaks in and a PIR Camera sends images. I cannot imagine that even the craziest counselor would take that case based on an expectation of privacy.

Now my real question is about audio. The Visonic system is capable of transmitting audio clips with the video clips. Since I recollect a recent thread about audio and video transmitting together I would appreciate your opinion on this matter. I imagine it varies from locale to locale but perhaps a comment on the Federal law regarding this will be helpful to the readers and certainly the Visonic customers.

Thanks Ken, best regards and great to see you at the SIA Gala recently.

Mark Ingram, President,

Visonic, Inc

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Answer

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I'm not technical enough [or at all] to address a "permanent security solution" or video data via RF [which I guess is radio] and GPRS [cellular technology] but I agree with your analysis that once there is an alarm condition all bets are off for video and audio transmissions. I think the problem with looking for a statutory blessing is that the statutes I've seen have not kept up with technology. I think the issue will come down to expectation of privacy and how data is used, even if some video or audio statute is in fact violated. [I do have to disagree that even the craziest attorney won't be willing to cause some trouble - you know we're trained for that].

The new Visonic RealAlarm product is designed to transmit once an alarm condition is triggered. There are only two options in that situation: one, its a "false" alarm because there is no illegal activity - maybe the subscriber is home and sets off a motion detector in the middle of the night. Two, it is an illegal entry, and cameras and audio pick up intruders during a break in. In each scenario the central station receives a signal, video and audio [if the system is set up to transmit both].

Intruders have no expectation [only hopes] of privacy. The data, video or audio, will be used by the trained central station operator to verify a real alarm condition. This form of verification is perhaps the best technology presently has to offer. It should satisfy even the most stringent ECV [electronic call verification] standards, even though ECV regulations may call for one, two or more telephone calls to the premises for verification. The central station operators will call 911 and be able to confirm the alarm condition, emergency situation, by their visual and audio data. The use of that data should end there unless law enforcement subpoenas the data for use by prosecutors in a criminal trial. The data should be admissible because it was not set up by law enforcement without a warrant.

Where can there be some exposure of liability? Misuse of data. Let's say it's a false alarm. The homeowner is wondering around the house naked. Video and audio data confirms no actual illegal activity. No alarm condition is dispatched. The data ends up on the Internet or comedy central. That's not going to be good for the central station or dealer probably.

The analysis is not just whether there is an expectation of privacy, but how that data is used or abused. That's not an issue for Visonic, it's an issue for the central station. There must be standards and policy for how data is used and stored.

The RealAlarm system is obviously a tremendous advance in technology and should increase security as well as reduce false alarms.