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Question
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Ken-
I know this has been addressed in your forum before, but I haven't seen this specific type of area discussed.
A client asked us to add a camera to his existing system (which we also installed). The area in question is a bathroom area within a restaurant. This is an open public area where each stall has its own enclosed door (both male and female stalls in the same area). Outside of the stalls is a large sink/ hand washing area. This is what he wants to view. We all understand the cameras cannot be aimed at a stall area, but is there liability when viewing the wash up area? The concern is deterring undesirable activity in this area, which is within wide open view of a public hallway.
As this type of restroom setup has become more prevalent (particularly in Manhattan restaurants), have you come across this question before?
Thanks,
DB
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Answer
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I haven't come across this interesting issue before. Certainly the general rule is that cameras in bathrooms [and other areas where privacy is expected] are off limits. Here you suggest that the bathroom really constitutes two separate areas, the private area and a public area, where no privacy is expected. I think you make a good argument for installing the cameras in the public area. I would take certain precautions however.
I have suggested that signs do not excuse an otherwise unlawful camera installation. However, in this circumstance I would suggest that a sign be posted advising that the public sink area is under surveillance. I would also install visible cameras, not covert. I suggest this because the "circumstances" are that the area of installation is a gray area since you describe this sink area as unisex and not private. I would like to know more about the area actually, particularly if this bathroom area accommodates more than one person. If it's a one person bathroom then I believe the entire area, sink areas included, requires privacy. However if there are two sinks or the door doesn't have a lock and more than one person is accommodated in the bathroom, i.e., there are several stalls, sinks and towel dispensers, then I think you can camera the "public area".
As I have opined in several articles on this topic, the more important issue, the one that gets you sued or arrested, is how are the cameras and video data collected and used. The surveillance needs to be maintained confidential and private and not be the source of amusement or public circulation. Your justification for the installation, safety of the public and protection of property from damage, does not include collecting data for private or public consumption.
As the installer you should be careful to instruct your subscriber in the proper installation and use of the cameras, and make sure that instruction is noted in your contract schedule of installation and services.
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