KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Body cams – something you should be offering? / Recurring billing software and credit card processing / Schedule Free meeting at ISC
February 13, 2020
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Schedule Free Private meeting while at ISC with Ken Kirschenbaum
            I am scheduling free meetings at ISC now for March 17, 18 and 19, 2020. The meetings are free and scheduled in half hour increments.  Any issues can be discussed or just stop by to chat.  To reserve a time please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
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Round Table Discussions while at ISC, at Palazzo Hotel.  Free to participate.  Space very limited so book now.  Call Stacy Spector,Esq at 516 747 6700 x 304 to reserve your seat.  [other topics may be announced]
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Round Table:  March 18, 2020 at 11 AM.  Join Morgan Hertel, VP of Technology and Innovation, Rapid Response Monitoring and Ken Kirschenbaum for a round table discussion on ​current state of monitoring including technology and well as outside influencers like minimum wages and privacy laws. 
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Round Table:  March 18, 2020 at 1 PM.  Join Mitch Reitman and Ken Kirschenbaum for a round table discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts. 
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Round Table:  March 18, 2020 at 2 PM.  Join Ron Davis and Ken Kirschenbaum for a round table discussion on Selling or buying alarm accounts and RMR issues.
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Round Table:  March 19, 2020 at 1 PM.  Join Sharon Elder, VP Sales, USA Central Station and Ken Kirschenbaum for a round table discussion on the value of quality video contracts and services
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Round Table:  March 19, 2020 at 3 PM.  Join Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum for a round table discussion on ​Errors and Omissions Insurance Claims and Risk Management
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Body cams – something you should be offering?  
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Ken
            Enjoy your daily newsletter with a lot of interesting insights.
          One of our clients is a large hospital in NY.  We provide integration services. Recently we were in a meeting where body cams and facial recognition came up.
            Are body cams a good solution for a security guards that are employees of the hospital?  They are security guards, not Peace Officers nor policemen.
Body cams video and audio would be used by Security and Risk Management Departments
            Facial recognition is considered to spot persona non grata that had issues with hospital stuff/patients who have been “banned” from the hospital grounds.
Currently Security relies on the Security Guard remembering the “banned” person image from briefings or bulletins.
            The idea is to employ technology to spot the unwanted “guest” on the Hospital Grounds and escort them out.  Facial Recognition is being used by law enforcement but is it legal to be used by a Hospital Security Department?
     Please advise if you can.
Regards,
Henry
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Response
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            While the answer may be that it’s presently permitted, the better answer is probably that there isn’t any statute specifically prohibiting the use of the body cams.  There may be statutes that could be applied to prohibit the use of body cams, such as Civil Right Laws that deal with video capture and invasion of privacy.  
            New York has proposed legislation that would prohibit or restrict the use of body cams because of privacy issues.  I believe the proposed NY legislation involves police officers.  Facebook was sued for violating Illinois biometric privacy laws, where since 2008, it’s illegal to collect facial, fingerprint and iris scans without consumers consent. 
            I have not conducted research to determine the law but I think we can reasonably expect that new legislation is likely as the facial recognition products become more available for private use.  
            As in many privacy issue matters, the problem is not likely to arise simply by use of the body cams, but rather how the data is ultimately disseminated.  Careful collection and storage of the data is certainly going to be an important factor in potential liability.
            Sorry for the vague response, but until K&K is retained to draft a contract for body cams,, providing them and facilitating the recording and storage of the data, we won’t be researching the relevant laws.
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Credit cards and billing software
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Ken,
            I recently saw an offer in one of your e-mails for Credit Card Processing. I just received an update from Quickbooks in which they posted their new fee schedule.
I would like the opportunity to compare (and save) processing fees.
            If possible, could you send me the link for the company that was posted in your e-mail.
Many Thanks
Mike 
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Response
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            The software for recurring billing and credit card processor is listed on The Alarm Exchange https://hubs.ly/H0f8Mxd0 in the Financial category and also Technology and Services That Increase Or Preserve Your RMR Biller Genie  
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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