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Question:
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Ken-
I have been approached by a neighborhood association to install cameras at the two entry points to their community. This is not a private community, no gatehouse, but town owned roads, that anyone can drive into. They just happen to be situated in a very private road network with about 100+ home owners pretty much enjoying exclusive use.
The purpose is to identify vehicles coming and going.
I am interested in the legal issues associated with the placement of the cameras. First of all, is this legal? There are town owned medians or center islands at the entrances, and I could mount the cameras there, however getting town permission is likely a nightmare (TOH, Suffolk County, NY). As an alternative the homeowners at the two entrances have granted permission to mount the cameras on their properties focused on the roadway. Do we need 100% neighborhood approval (if not town approval even if located on private property)? Who would sign the contract? All neighbors would ideally like to be able to view the footage via the Internet. Am I opening myself up for future problems that your contracts do not relieve me of?
Thank you!
James
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Answer:
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I don't see any legal impediment to placing cameras on private property viewing a public street. There is no expectation of privacy on a public road. You should get the contract signed by whoever is going to pay you and whoever is permitting you to install the cameras on their property.
If you are installing the cameras with local DVR then the Standard Sales Contract is fine, and it does contain an indemnification provision in the event you are sued. If you intend to provide any service to that system then be sure to get the Standard Service Contract signed.
You may be better off installing a supervised CCTV system, and I mean by that a system that is monitored at a central station, and where the data is received and stored at the central station and not at one of home owners premises. You would use the CCTV Sales [or lease] Contract for that installation and service. I suggest this for two reasons. First, this contract provides for recurring revenue, so you increase the value of your company. With the lease you also continue to own the equipment which may help cement the relationship with the subscriber. Secondly, with the data coming to and being stored by the central office you have less chance of misuse of that data by any property owner.
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Another Question:
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Ken
I receive your e mail daily and find them helpful. Hope you don't mind me asking, the current issue similar to today email and was wondering if you could give me feedback, or knew of a NJ state agency that I might call.
My customer's husband is total paralyzed. He has round the clock health aides taking care of his needs. Recently his wife suspected foul play, so she ordered a small camera system, with 1 concealed camera in his room, in their home. Unfortunately she found that her suspicions were correct. She now wants to add an additional concealed camera in his bathroom, where he is showered. This camera would only point to the shower and bathroom entrance. We were concerned if there could be any legal ramifications.
My best regards,
Mona
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I don't know about any agency you can call; if anyone knows please let us know.
You can place cameras in your own residence and record anything you want [child porn excluded] as long as no one else in the house will have his or her privacy compromised. The wife and husband can therefore install cameras in areas generally prohibited, such as the bedroom and bathrooms, as long as they are the only ones using those rooms. The problem here is that most likely the health care aids are using the bathroom, and they have a right to privacy.
There are several articles on my web site dealing with privacy and camera placement. Here is one of them http://www.kirschenbaumesq.com/earticle255.htm
Keeping track of how a loved one is cared for is a serious problem. If abuse is suspected, and even if it's not, the only way to really be sure is to have cameras installed in all areas of the house so that the person is under surveillance at all times. Otherwise abuse can take place outside of the protected area.
Unless the aids consent to the cameras in areas where they are entitled to privacy, i.e., bathroom and their private bedroom, you can't install it there. If the camera is open and obvious there may be a way to position it so that sufficient coverage is provided yet some degree of privacy maintained. I'd still get consent first.
I also don't know if hidden cameras are the way to go. It seems to me that under the circumstances you describe the cameras should be obvious so that there is less chance of abuse taking place.
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Another Question:
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Ken,
What do you know about streaming cable TV to customers for resale?
We pay to have cable brought into our location, then at that point we have a device that allows us to remit that stream (1 channel at a time) to a customer. All is within our control. We at that point bill the customer for the stream. Anything legally that we need to worry about?
Thank you,
Mark
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Answer:
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I don't know anything about streaming cable to TV customers. I need explanation to offer legal advice. Any lawyers out there know about this?