Video security administration services - is new contract needed? December 4, 2023

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Video security administration services - is new contract needed?
December 4, 2023

Video security administration services - is new contract needed?
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Ken
            I do a lot of video for my clients. Most all my clients, excuse the term, are tech illiterate. Most of my clients have asked me if I can help them when they need adjustments to their system (recording schedules, user, login names, etc), or when they have an issue, they don’t know how to save the video. The easiest way for me, since a lot of these jobs are far away travel, 2-4 hours, some across the country, going to the location is impractical, is to use the remote viewing software of the NVR platform. I have an admin user login that lets me do this.
            With the NVR’s, I have access thru my computer software allowing me into the NVR to do client request. I do a lot of video retention when an issue has arisen. I do day cares, nursing homes, hotels, commercial building, some private residence (no camera EVER in a bedroom or sensitive area- I refuse to install one), etc. I will download the video, and either put it on a thumb drive or email them, depending on the size of the file. Some of the video can be of sensitive nature. I also have done video retention for clients that are currently in litigation where the video was required.
            My question is this: Should I have some type (and I believe I do need something) of written statement from the client stating they grant me access to the backend of the NVR and are allowed to both see live and playback video and hold me harmless in all cases? I don’t want something coming up they may get me in any legal issues. When I do download the videos, they are stored on my computer as requested by my client, so if they need more copies in the future, I can provide them, but the videos are on MY computer and if I were to get hacked????? I have firewalls in place, but?
            Also, I am getting ready to start doing Chek Video and use a company that monitors camera images for changes and alerts me to a camera issue so I can be pro-active with my clients' video systems. Chek Video is a service that a central station responds to an event that AI software says there might be an intrusion on a customer location and they can see it remotely and dispatch police. The AI software takes an image of what each camera is supposed to look like and if that image changes, say something blocks the camera image, the image change (the camera got tilted so it doesn’t see the back door like it's supposed to, etc) or the camera drops of the system, I get an alert so we can dispatch service before an event that is needed to be captured on video fails. All this is good RMR, but I want to make sure I am protected with “permission” from the video owners.
            What is your thoughts sir? Do you have a contract specific for this, or can I write something up for you to review?
Thanks
Kelly
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Response
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            The Commercial All in One and Residential All in One sufficiently covers video monitoring.  These agreements also cover data storage off subscriber premises, whether your premises or at the central station.  However, these agreements do not cover what appears to be very close to the "access control administration" service.  Your video service is not access control and there is no specific provision in these form agreements to cover you remotely accessing your customer's video system to make what amounts to administrative changes, or to assist the customer in the use of the system.
            I am not familiar with the Chek Video system or program, but it appears to send video data to the central station who can view the data and decide whether to dispatch police.  There is nothing unique about this and the Monitoring Provision in the Standard Form Agreements covers this service.  But what caught my attention is your statement that:
            "The AI software takes an image of what each camera is supposed to look like and if that image changes, say something blocks the camera image, the image change (the camera got tilted so it doesn’t see the back door like it's supposed to, etc) or the camera drops of the system, I get an alert so we can dispatch service before an event that is needed to be captured on video fails. All this is good RMR, but I want to make sure I am protected with “permission” from the video owners."
            I am not sure what alert you are getting and what you're doing about it.  If you are getting an event alert of possible intrusion, then I suggest you get out of the mix and let the central station and perhaps the customer decide if dispatch is appropriate.  You should not be in that loop; indeed, if you have enough customers with this service, it would not be possible for you to consider being in that loop.  Since your goal should be to get more customers, more than you can possibly be responsible for monitoring signals yourself, don't get involved in the first place.  This strikes me as dangerous as having the central station notify you, instead of the customer, of alarm signal events.  You should not be in that kind of control of your customer's security; leave it between the central station and the customer.  The only signal you should be really interested in is a trouble signal, especially if you have a Service Plan with that customer.
            If you want to provide the service you describe above you need to detail exactly what you are going to do, and that can be in the Schedule of Equipment and Services, or I can certainly modify the existing contract forms to accommodate the specific services; I just need to know exactly what you're doing.  Seeing your proposal for this service would be the best start, because those services need to be [and likely are] explained in detail.  Since the Standard Form Agreements are written for broad application, covering all the security you are providing by contract, you are likely protected contractually now, but better describing what you're doing is a good idea.
            Once we clarify this service we can work on modifying the All in One, commercial and residential [if you provide the service for residential].   If this is the only service you will be concentrating on we can create a new form limited to this service.  Let me know.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com