Camera question from member of public / Is original signature needed / Register for tomorrow's free Webinar by Jeff Zwirn February 15, 2021
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KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Camera question from member of public / Is original signature needed / Register for tomorrow's free Webinar by Jeff Zwirn February 15, 2021 ********************** Camera question from member of public ********************** Ken Please advise The complex (15 units – 3 rows – 5 units per row) (I’m Unit No: 3 in row 1- where units 1 –5 is). Management installed a camera monitoring the access to my unit. This camera in my view should have been installed at the entrance gate on monitoring the access of vehicles into the row and complex I did not grant permission to record our access our my unit. Can I request this camera to be moved and places in a position where it does not record our access to my unit? Please help as this is affecting the mental state of my family. Thank you Christine ******************** Response ******************** Since I don’t provide free legal services to the public I didn’t respond to this inquiry. However, I thought it a good topic for discussion here. Management decided to have cameras installed and they were presumably installed by a professional alarm – security company, neither of whom, I guess, considered the legal consequence of the placement of the cameras. The tenant or unit owner, whatever her status, complains because the camera views access to her unit. Is the camera placement an infringement on the tenant’s right to privacy? I think the short answer is it’s not. The camera views common area since it does not view inside the unit. There is really no right to privacy in the common area. However, the tenant is not without some argument that there is no legitimate reason for the camera placement. That may be accurate, but from management’s perspective it may be wrong. Maybe management does have a reason to view who is coming and going from the unit, or maybe the camera picks up other common area that is really the focus of the camera and the door to the unit is simply within view. Of course the tenant can request the camera be moved, but management will not be legally required to move it. On the other hand, management will have exposure if the viewing or recording is used for impermissible purposes. Disputes regarding placement of cameras is fairly common, and likely to become even more common. The camera installer would be wise to use either the Standard Commercial All in One or the Standard Camera Agreement which requires the subscriber to indemnify the installer from third claims. ******************** Is original signature needed ******************* Ken I have a question for you. On a lot of documents it requires our customers signature. Are originals a must or would a signed and emailed copy back to us work too? Dan ********************** Response ********************** Original signature is not required. You can rely on a copy of the contract that has been signed. Keep in mind that this answer is based on the question and does not account for variables that may cause the signature or the authenticity of the document to be challenged. ******************* Webinar announcement: Register now for this informative webinar Title: Forensic Analysis of Non-Conforming Control Panel(s); the UL issue When: February 16, 2021 at 12 PM noon ET 1 hour. Will be recorded Topic: Analysis of risk if using control panels that don't meet UL and NFPA standards Presented by: Jeffrey Zwirn and Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72 Hosted by: Ken Kirschenbaum,Esq Who should attend: Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers Sign up here:https://attendee.gotowebinar.com/register/7111976972157204240 ******************* NOTICE: K&K has two clients looking to sell alarm accounts. One company is near Orlando FL and the other outskirts of Miami FL. More details in The Alarm Exchange in the Merger and Acquisition category. *********************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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 www.KirschenbaumEsq.com
