Video Surveillance Ethics & Legalities in New York
Can I Record My Nanny? Are Audio Recordings Legal Commercially? Home video surveillance is becoming more popular as property-related crimes have increased over the years. Another reason for its popularity is the need for parents to check in on their children, elderly loved ones, and pets when they’re not home. A lot of peace of mind can be achieved when all a person has to do is pick up their smartphone to see the kids coming home from school or that an elderly loved one with health problems is doing ok. Parents are also having their homes outfitted with video surveillance to check in on the kids and the nanny throughout the day, while employers use them to protect their business and employees. The many purposes of video surveillance bring up quite a few questions, however. The big question is what ethical and legal aspects should be followed when using residential and commercial video surveillance to monitor the well-being of family members, pets, employees, and businesses? The good news is that we have some answers for you. Protect Your Home or Business When You’re Away What to Know about Residential Video Surveillance When you opt for home video surveillance, cameras may be placed inside and outside of the property. When you want cameras inside so you can watch the kids, nanny, pets, or your elderly loved one when you’re not there, cameras cannot be legally or ethically placed in the bathrooms or the bedroom of a live-in nanny. Cameras also shouldn’t be installed in guest rooms since that would be violating the privacy of overnight guests. It’s fine if you want to place a camera in your own bedroom or the bedrooms of very young children. If you hire a nanny, it is best to do the following: Advise the nanny that cameras are used inside the home. Show the nanny where the cameras are located. Have the nanny sign an agreement in which he/she acknowledges the presence of video surveillance in the home. When cameras are hidden and used in secret, it creates a breach of trust. It’s understandable that parents want to protect their children and homeowners want to protect their property, but it can be very unnerving for all involved when a person discovers they are being videoed without their consent. Many issues can be avoided when proper notification is given. With that said, it is ideal to have anyone working on the property sign an agreement so that it is on paper that they are aware of the presence of the cameras. It’s also ethical and courteous to make sure non-employees entering the property are aware – through a sign or verbally – that they are under surveillance. What to Know about Commercial Video Surveillance Just as you would have a nanny or other residential employee sign an agreement, business owners and managers should have employees sign an agreement. This document should state that they understand that they are under video surveillance when on the property. This isn’t required by law, but it is a good practice to protect everyone, despite it being the business owner’s right to install cameras. Cameras are typically installed to monitor the safety of all people on the premises. Business owners also have the right to ensure that the business is being cared for properly when they aren’t there. Also note: Many of the residential rules apply here as well. For instance, cameras are to not be installed in restrooms, locker rooms, or changing rooms. This is a breach of privacy and could be considered voyeurism. It’s not a good day when an employer is accused of recording in areas where a reasonable amount of privacy is expected. From here comes the issue of “audio surveillance.” State-of-The-Art Systems That Meet Your Needs The Scoop on Video with Audio There are some states that protect against audio recordings without the consent of the nanny or other party entering the premises. New York isn’t one of those, but, again, it is common courtesy to notify the nanny, handyman, dog walker, or another individual that the video cameras can also record audio. When the person is an employee, written consent will be needed. The following video addresses video surveillance rules that must be followed by Realtors, but has valuable information that can apply to any property owner wishing to have home surveillance cameras installed: Commercial Audio Surveillance – Employees In regards to commercial video that is outfitted with audio, an employer can only use video-only surveillance when using cameras without the knowledge of employees. However, section 250.05 of the New York Penal Law states that an employer can’t eavesdrop on conversations by mechanical means anyway. Video cameras with the ability to record audio fall within this category and violation of the law constitutes a felony. But on the other side of this very complicated coin, New York allows recording a person’s voice with their consent. If you have employees sign an agreement in which they acknowledge their voice will be recorded in certain areas of the business when present in the building, then you protect yourself against eavesdropping laws. Commercial Audio Surveillance – Customers As far as recording the voices of customers, there are some establishments that may need audio recording for security reasons. These establishments include: Check cashing establishments Banks Educational testing centers Convenience store/gas station counters Nightclub entrances and exits If it is a must for audio surveillance to be present, posting a sign doesn’t necessarily excuse unlawful audio reception if it occurs. It is imperative to ensure that all audio recordings are carried out lawfully. Posting a sign that says, “Entering this facility implies that you consent to audio surveillance” may suffice. But don’t immediately opt for audio if you’re unsure about how your business can remain within the confines of the law. If you are ever in doubt, seek legal advice from an experienced attorney. Every business and situation is different, so it is important that you define your
Video Surveillance Cameras in Schools
School Video Surveillance Tips Keeping our kids safe should be the school’s number one priority. Schools nowadays should have a good security system in place. Video surveillance is what every school should have between theft, accidents leading to lawsuits and unwanted visits. If a school doesn’t already have video surveillance camera system to keep an eye on areas where personnel may not be present at all times, administrators should think about contacting a security company to learn about the advantages of getting one. Best Areas for Video Surveillance There are many areas of a school that administrators can’t monitor all the times. Three potential areas that are should have video surveillance; parking, playground, and hallways. Parking lots: Many individuals (staff, parents, kids, bus drivers, deliveries and more) come and go from the school grounds. Many problems occur in the school parking lot such as car accidents, break-ins, fights or loitering, but having security cameras to monitor that parking lot allows the administrator in charge of the cameras to oversee and playback any problems that may occur. Many problems can be resolved, such as who was at fault for a car accident. Playgrounds: A great number of accidents occur on the playground that not every staff member who is outside with the children can monitor. If an accident ever occurs, an administrator can playback the video surveillance footage to see all the specifics of the accident. Video surveillance can also be useful when determining who started a fight or identify someone who was on school grounds who shouldn’t have been. Hallways: One of the most common locations for video surveillance cameras is all through the school in the hallways. These locations are high traffic by not only the students and staff but many individuals who come to visit the school, such as parents and delivery people. Between fights and conflicts that happens near lockers and bathrooms, video surveillance is important to have in the hallways. Keeping Students Safe Parking lots, playgrounds and hallways are all good places to have video cameras, but the staff at the school knows best other areas where video surveillance can be useful. If there is a high rate of fights near a certain bathroom or around a corner that is hard to see, then maybe that is a spot where video surveillance can be added for monitoring. Contact Your Rochester Security Company If you as a parent or staff member know that your school doesn’t have proper security systems or needs to upgrade to more contact SPS Fire & Security at 585-770-0348.
Benefits of Video Surveillance for Business
How Video Cameras Can Protect Your Business A great number of businesses have video surveillance systems and many other security devices to protect not only the business, but their workers and customers. As technology improves, so does the security systems that are in the businesses. Nowadays, surveillance systems do a wide verity of things, such as video recording, capturing important details, and much more. One of the biggest benefits of security video is that the owner, boss or manager of the company can control it remotely from their home or from any where in the world. Video Surveillance Benefits Reduces Theft – By having a camera system installed at your business, you can easily cut the number of thefts that happens. Research has proven that the average small business losses around $50k per year. Business can cut that in half by just getting the system installed. Makes Available Evidence for Criminal Reports – When a business has a video surveillance camera and has a problem such as theft, it makes easier to have access to evidence by just viewing the footage from the camera. Law enforcement can replay footage to then make a clearer cut accusation for a report. Improves Productivity – Knowing that a company has a surveillance camera system will enable the employees to be on their best behavior when you are not at the business. Around the Clock Protection – When the company is closed, the owner or boss in charge can have peace of mind knowing that while they are sleeping the camera system is doing the job they need it to do. Cost Effective – Hired security guards and police officers patrolling the area of your business can be helpful, but sometimes they can be costly (thousands and thousands of dollars a year). They may be at your business a significant amount the time, but they sure enough don’t do what a surveillance system will do. Cuts Insurance Rates – By owning a surveillance system for a business, you can save up to 10% on your coverage. Reduces Liability – Many times a criminal will come into a business and make a false claim. With the camera footage, the owner can look to see what evidence there is before filing a report. Peace of Mind – Every person seeking a place of employment wants to find a job that they feel safe and secure going to. Having a surveillance camera gives all employees at a business the feeling of safety. Rochester Video Surveillance Experts Deciding on a video surveillance system can be tough, but it is better than not having one at all. If your company or a company that you know is in need of better security, contact SPS Fire and Security at 585-770-0348. We make the decision easy for you.