KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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audio video signs - do you need to post signs - is there implied consent
July 26, 2017
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audio video signs - do you need to post signs - is there impled consent
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Ken:
I have been asked the question about what the requirements are for posting when there is video and audio being recorded in a public space several times over the past couple weeks. There are several places online that provide some helpful information but much of is pertains to a conversation or a telephone conversation as opposed to a public area with multiple conversations, etc. Can you shed any light on this? I would like to have something concrete to go by for our people and our clients that makes sense as far as best business practices for all parties.
RHM
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Response
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Posting signs. Do you need to for video? Do you need to for audio? Since you are the one selling the video and audio equipment and perhaps providing the platform for recording, storing and retrieving the data, what do you tell your subscriber?
Since you mentioned some "on-line" sources I decided to take a quick look before starting my response. Indeed one CCTV website stated that be sure to post signs and then you'll be protected because if people stay on the premises after that they have consented to the video and audio recording.
- Don't confuse your Internet search with legal research or the opinion on a trade website with a legal opinion, unless the article is by a lawyer. Even then you probably should be suspect.
- There are no laws that I am aware of that change video or audio laws just because signs are posted.
- There are no statutes that I am aware of that require signage when there is video or audio interception or recording, other than in NYC for nightclub entrances and exit doors [there may be others]
So let me put it another way so there is no more confusion:
- You don't have to post signs
- Posting signs do not constitute "consent", implied or express.
- Posting signs will not excuse unlawfully video or audio interception or recording
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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
516 747 6700
www.KirschenbaumEsq.com