September 13, 2010
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Question:
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Ken;
I have a Private Investigator calling me to put me in touch with a client who wants to install covert video his home. (This appears to be a domestic fidelity issue). Obviously paying attention to those areas that one would have an expectation of privacy such as bathrooms, bedrooms etc. Since I am not a licensed PI and the PI is directing the installation for his investigation, do I have any liability other than professional exposure for E&O?
If I were to guess, hubby wants to know if somebody is keeping company with his spouse in his absence.....
Joel Kent
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Answer:
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I would not be comfortable telling you to install that equipment. Misuse of the data could easily involve you in an action, if not criminal prosecution. Here is the criminal statute in CT:
Conn. Gen. Stat. § 53a-189a (2007)
§ 53a-189a. Voyeurism: Class D felony.
(a) A person is guilty of voyeurism when, (1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy, or (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy.
(b) Voyeurism is a class D felony.
See other state laws at http://www.kirschenbaumesq.com/avstatutes.htm
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another video / audio question - CT commercial
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Ken
I have a customer with several stores and would like us to install a surveillance system in his stores that records the video and audio out at the front counter. I know he needs to post that the property is under video surveillance but can we be liable for installing the audio/recording equipment.
Tom Scala
EBC Security LLC
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Answer:
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Video is OK but I don't think you should install the audio. Where did you get the idea that you had to post that the property is under surveillance? I don't see that in the statute that is quoted above. I haven't checked CT for audio laws - anyone know the statute? In CT you need one party's consent to audio interception. You can read the statute at http://www.kirschenbaumesq.com/vid-connecticut1.htm
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Sheriffs endorse Videofied
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Ken,
This just came out in the magazine of the National Sheriffs Assn. I don’t think that law enforcement has ever endorsed an alarm product before, at least not officially.
I thought it might interest you,
In any case, I enjoy your morning reports.
Thank you for your support.
Keith Jentoft, President
RSI Video Technologies
www.videofied.com