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QUESTION:  WORK SITE PRIVACY - CAMERAS IN BREAK ROOM
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Ken,
    I've been posed with the question on the ethics and liability issues related to having cameras in break rooms and locker rooms. This topic has come up before with an authoritative figure that I will not name, where it was stated that it is not technically illegal in NY to have cameras in the break rooms and in some cases a locker room or even a bathroom. Although I found this information questionable, my impression was that there is a GREY area there, being that the information that we were given was coming from an authoritative source. 
    My perception here is that in some cases, where the employees are made aware that a locker room or break room has cameras and where the installer received the request in writing from the customer, the installer can at his discretion decide whether or not to install "obviously placed" cameras in those areas.  Then again, what about discrete/hidden cameras in these areas to catch someone stealing from lockers or refrigerators? 
    Another example I received from an associate in the industry argues that you cannot even point a camera outside of a bathroom facing its entrance. In this example, I don't understand what the problem would be. If you can't see the person inside, but only see them entering and exiting, where is the issue? I can think of some circumstances where a person could be exposed if they didn't lock the door or something like that. But what about emergency situations or people selling drugs in a business' bathroom? 
    Although these are only a few examples, my current take on this is to err on the side of caution to avoid getting caught up in a lawsuit or loosing my license. 
    It would be helpful if you would clear the air on this from the legal and professional side, and feel free to post as it is an important topic. 
Regards,
Michael Serrano, M.Sc. 
President / CEO
Briteway Security Systems
Freeport, NY 
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RESPONSE

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    My first bit of advice is stop taking advice from "authoritative figures" and especially from "associates" in the industry.  That's why you should have a relationship with attorneys familiar with the alarm industry, so you can rely on a response to that "quick question".  Alternatively, you can engage a to provide you with an "Opinion Letter".  Be ready to pay for that.
    Cameras cannot be placed in areas where there is an expectation of privacy.  Some areas are gray, but usually not bathrooms, dressing rooms, bedrooms, a confessional, etc.  So what's so gray about that?  Well, how about a combined dressing room, bathroom, spa or lounge area.  What's going on in your office break room?  Are your employees encouraged to lounge around in a bathrobe, or is there a small frig, table and maybe TV?  
    Generally, no cameras areas that statutes specifically address, and usually includes bathrooms, bedrooms and dressing rooms.  Making someone aware of surveillance is not the same as getting their consent.  Signs don't help.  I haven't seen one statute that mentions signs as a way out of compliance.  Repeated recordings would be in same category, useless.  But you can have consent, and that's easy to get with employees when you include it in their Employment Agreement.  That consent obviously should not include some surveillance that is beyond doubt depraved and morally corrupt, such as in toilet areas.  But employees can certainly consent to locker rooms, break rooms, even sink areas in bathrooms I would guess.  
    Thanks for the question.
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REFUSAL TO PROVIDE FIRE INSPECTION FOR NON PAYMENT
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Ken,
    We use your Fire All in One to provide quarterly Inspections and per call service to a fire alarm account with multiple sites.
    That account became  seriously in arrears on one of the locations and we notified them that they are in default and did not provide them with one of the quarterly inspections until they paid the arrears.  The customer subsequently got a violation from the state because of one of the missed quarterly inspections.

  •     Are we liable for not providing the missed inspection ?
  •     If one location is in arrears can we withhold the inspections from the other locations as well to give us more leverage ?
  •     Can we withhold the missed inspection but still provide emergency per call service ?

Regards,
Bob W
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RESPONSE
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    Similar to yesterday's question.  If you notified your subscriber that you're not going to provide the inspection because of non payment you are off the hook.  If the subscriber is in default of one agreement, but current on other agreements, you need to perform those agreements that are not in default.  
    You also should not withhold services without letting the subscriber know in advance, especially fire services.  And, with fire services you should notify the AHJ, even if you're not required to.
    If you decide to provide some but not all services because of non payment be sure that your subscriber and AHJ know what you intend to withhold and what you will perform.