Surveillance Security Laws You Need to Know

Mar 22
09:16

2011

Abraham Avotina

Abraham Avotina

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Before you install surveillance security systems, you need to understand the laws that surround their use. These vary from state to state but have some universal regulations.

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If you are considering setting up surveillance security cameras,Surveillance Security Laws You Need to Know Articles you need to first understand the laws surrounding these devices, so that you are not guilty of any violations. These laws do vary from state to state, but certain universal understandings often apply, as do Federal laws.

If you plan to set up hidden cameras somewhere on your property, this is entirely legal. Some people mistakenly assume that they have to give their permission to be taped, but most states do not require any form of disclosure. This misconception is fueled by the signs many property owners post indicating that the people on the property are being recorded. These signs are intended to prevent people from engaging in criminal activity, but they are not required by law. The only consent required is when the recording will also record sound.

That said, 13 states limit the use of hidden surveillance security cameras in places where an individual might expect a measure of privacy, such as a dressing room, hotel room, or restroom. These are Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah. If you live in one of these states, make sure you follow the law. Even if you do not live in one of these states, public decency requirements make it important to show respect to places where people would expect privacy. However, it is completely legal to record people in public places, even if the recording device is not visible.

On the other hand, some states require the use of cameras in some instances. For instance, New York’s laws require video cameras at entrances and exits of cabarets and public dance halls, and the footage must be given to the police should they need it for a criminal investigation. Because of the wide range of differences among the laws in different states, it is vital that you research your state’s specific laws prior to installing a system.

The workplace, however, may require a different set of standards, not because of the laws, but rather because of labor agreements, particularly in areas where unions have control. Before setting up surveillance security systems that monitor employees, make sure you are not violating any labor contracts. Truthfully, though, most large companies have some sort of provision in their employee documentation allowing them to tape the actions of their employees. If you are monitoring your customers or grounds, however, you are probably safe.

The Fourth Amendment protects an individual’s right to privacy from the government. Because of this, police are somewhat limited in their use of video camera recording systems. However, cameras in public places, like the infamous red light cameras, are considered allowable, because public streets are not places people expect to have privacy, so this is not considered a Fourth Amendment violation.

Surveillance security systems are a great way to protect your home or business from unscrupulous individuals, but you need to use them wisely. By taking a little bit of time to research your state’s laws, you will protect yourself from a lawsuit or misunderstanding, while utilizing recordings to keep your family or business safe and secure.