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 

*******************************
Data disclosure  / FAX disclosure / Storing old insurance policies
September 3, 2019
***********************
Data disclosure
**********************
Ken
            Do you cover in the All in One Commercial the following issue? 
            The local police department would like to have access to a surveillance system in the local school system. It is supposed to be used only in emergency issues.  Are we liable for giving them access that may be used in not emergency times? 
    Thank you,
    Edward M
************************
Response
************************
            I am going to assume that the video data is stored at the Monitoring Center.  If it’s stored on a local DVR or NVR then the subscriber has the data and the police wouldn’t be asking you for it.
            Data stored at the Monitoring Center is owned by the Monitoring Center, who agrees to hold the data confidential.  How do I know that?  Because the Standard Form Agreements – the All in Ones, signed by the subscriber, states this clearly.  Some Monitoring Centers permit the dealer and the subscriber access to the data through portals.
            Law enforcement can always back-up their request for the data with a search warrant.  Then disclosure is not voluntary.  Assuming you do not think the request for data is not intended for improper use I think you can cooperate with law enforcement and provide data.  Again, you have to assess each request.  For example, a disheveled looking cop comes in and wants to see video from home cameras and you know of no reason for the request.  Other example, cops show up and want to see video of a burglary that you know took place the night before.  
            The All in One agreements have another neat provision that requires the subscriber to pay you for any time spent dealing with anyone, including law enforcement, and testifying in court.  The hourly rates are specified.  I haven’t heard from any client who has used this provision; anyone out there????
**********************
FAX disclosure
**********************
Ken
            Is it required (by law) to have your fax number programmed so anyone sending a fax sees the fax actually got to us, the fax receipt will show our number?  I remember "back in the day" the fax machine setup manuals said we needed to have the phone number programmed in, and I believe it stated it was a law (presumably federal)?
Jeff
**********************
Response
**********************
            I am not aware of any law that requires the recipient’s fax number to display on the senders report.  I believe confirmation of the fax going through is reported on the sender’s fax report. 
**********************
Storing old insurance policies
**********************
Ken
            How important is retaining old insurance policies & files?   We are in the fire protection business and know that we could be sued for work we did or may have been involved with from many years ago.
Thank you,
Jeff
**********************
Response
**********************
            In my experience you won’t be sued until a week or so after you throw out all your files.  So hold onto them.
            Every cause of action has a statute of limitations.  In New York a cause of action for negligence is 3 years; breach of contract, 6 years.  The statute of begin to run when the loss occurs.  You can be sued after the statute of limitation because a statute of limitations is an affirmative defense that has to be raised in the action and it’s waived if not raised.  
            There is another way you can be sued long after you thought the statute of limitation has run.  A lawsuit may be pending for years before you are brought in as a third party defendant, usually for indemnity.  The point is, it’s hard to have a hard line rule how long you need to hold onto your records.
            You don’t need to have your insurance policy in order to demand coverage, but you do need to remember who your carrier was at the time of the loss.  This is assuming you have an “occurrence” policy and not a “claims made” policy, but most if not all of you have occurrence policies.
            Scanning paper records is also acceptable.  
            How long to retain files is a tuff question.  At least 3 years and no more than 10 years is likely a realistic answer.
******************

To order up to date Standard Form Alarm /  Security / Fire and related forms, click here:  www.alarmcontracts.com
*************************
CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM
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 EXCHANGEalarm classifieds alarm security contracts

    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.
************************************************************
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