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I get calls regularly asking about surveillance signs. Typically the questions are:
- are signs required when installing video
- if installing video in questionable places will signs aid in allowing the cameras
- how long is video data required to be maintained
- who is entitled to the video data
Generally my response is that there are no laws that I am aware of that require the posting of signs that cameras are in place or video recordings are being made. Posting signs will not relieve you of liability for installing cameras or video surveillance in situations where it is prohibited by law or common morality. Since there is an absense of statutory regulation for video data there are no laws that dictate how long data should be stored. As for who gets to view the video, law enforcement can in the course of investigation. Misuse of video data could create liability.
That's the short answer. However, I decided to do a little research and found a law in New York City that applies to cabarets, public dance halls and catering facilities [but not restaurants]. The law requires video surveillance at the entrance and exit doorways that covers 15 feet on each side of the door. Cameras must be able to record at night, minimum 15 frames per second, viewable on a computer, have no audio capability, must be working and record continuously during business operations and for 2 hours thereafter, data indexed by date, maintained for 30 days, maintained in a confidential, locked and restricted manner, all personnel with access certifying in writing that they understand the restrictive use of the data, must post signage at appropriate locations, as determined by rule of the commissioner, to notify the public of its use of video surveillance equipment and the locations of video surveillance equipment so that the public has sufficient warning that surveillance is in operation, make data available to law enforcement, and file a written report with the city commissioner certifying compliance with the law. Failure to comply is severe. If you misuse the data by dissemination of recordings [see a violation of the penal law or section 50 of the civil rights law] it could result in suspension or revocation of a license and a fine of not less than $5,000 nor more than $50,000.
Video equipment and services should be installed pursuant to the Commercial All in One. Don't be surprised to see more laws that focus on video surveillance and video data. The New York City law is below.
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NEW YORK CITY ADMINISTRATIVE CODE
TITLE 20: CONSUMER AFFAIRS
CHAPTER 2: LICENSES
SUBCHAPTER 20: PUBLIC DANCE HALLS, CABARETS AND CATERING
ESTABLISHMENTS
§ 20-360.2. Additional security measures for cabarets and public dance
halls. a. No one shall operate a cabaret or public dance hall unless all
entrances and exits used by patrons are equipped with digital video
surveillance cameras, provided, however, that this section shall not
apply to an establishment that operates primarily as a restaurant, as
defined by section three of the alcoholic beverage control law, during
all hours of operation.
b. Digital video surveillance systems shall comply with the following
provisions and with the rules of the commissioner:
1. The video surveillance cameras shall be digital in nature and shall
be of sufficient number, type, placement and location to view and record
all activity in front of and within 15 feet of either side of each
entrance or exit;
2. The video surveillance cameras shall be sufficiently light
sensitive and provide sufficient image resolution (supported by
additional lighting if necessary) to produce easily discernible images
recorded at all times;
3. The video surveillance cameras shall record at a minimum speed of
fifteen frames per second;
4. The video surveillance camera images shall be capable of being
viewed through use of appropriate technology, including but not limited
to a computer screen or closed circuit television monitor;
5. The video surveillance camera system shall be capable of
transferring the recorded images to a portable form of media, including
but not limited to compact disc or digital video disc;
6. The video surveillance cameras shall not have an audio capability;
7. The video surveillance cameras shall be maintained in good working
condition;
8. Except as otherwise provided by rule, the video surveillance
cameras shall be in operation and recording continuously during all
hours of operation of the cabaret or public dance hall and for two hours
after the cabaret or public dance hall closes;
9. The recordings made by video surveillance cameras installed and
maintained pursuant to this section shall be indexed by dates and times
and preserved for a minimum of thirty days so that they may be made
available to the department, the police department and other government
agencies acting in furtherance of a criminal investigation or a civil or
administrative law enforcement purpose;
10. All recordings made by video surveillance cameras installed and
maintained pursuant to this section while in the possession of the
cabaret or public dance hall shall be stored in a locked receptacle
located in a controlled access area, to which only authorized personnel
have access, or shall otherwise be secured so that only authorized
personnel may access such video recordings. All personnel authorized to
access such video recordings must certify in writing that they have been
informed on the appropriate use and retention of recordings as set forth
in this section, and on the legal issues associated with video
surveillance and the use and retention of recordings. The cabaret or
public dance hall shall keep a log of all instances of requests for,
access to, dissemination and use of, recorded materials made by video
surveillance cameras installed and maintained pursuant to this section.
Copies of the certifications by authorized employees and of the access
log shall be provided to the department in accordance with its rules;
11. The use or dissemination of recordings made by video surveillance
cameras installed and maintained pursuant to this section in violation
of the penal law or section 50 of the civil rights law shall result in
suspension or revocation of a license and a fine of not less than $5,000
nor more than $50,000; and
12. The cabaret or public dance hall shall post signage at appropriate
locations, as determined by rule of the commissioner, to notify the
public of its use of video surveillance equipment and the locations of
video surveillance equipment so that the public has sufficient warning
that surveillance is in operation.
c. Each person subject to the provisions of this section shall submit,
or ensure the submission of, a report to the department within thirty
days after the effective date of this section, or, in the case of a new
cabaret or public dance hall, within thirty days after the establishment
of such cabaret or public dance hall. Such report shall certify that the
cabaret or public dance hall is in compliance with this section. Reports
filed pursuant to this subdivision shall be submitted in such form and
manner and containing such information as shall be provided by rule of
the commissioner.
d. The department shall conduct periodic inspections of licensees to
ensure compliance with the use and retention policies set forth in this
section.
e. The commissioner may suspend or revoke a cabaret or public dance
hall license if the licensee violates the requirements of this section
and, in addition, shall impose a fine of $1,000 for each violation of
paragraphs nine, ten or twelve of subdivision (b) of this section, and
any additional penalties and fines as required by paragraph eleven of
subdivision (b) of this section.
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