KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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camera and audio issue
December 8, 2017
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camera and audio issue
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Ken
    I'm an Apartment Superintendent in Woodbridge New Jersey and have had a few issues with harassment with someone double parking behind my trucks and petty vandalism, such as parking too close and spilling trash and so forth. I have installed surveillance cameras inside my apartment facing where I park. They are visible if you look in the window from the outside and have a limited view of the parking spots outside my apartment. 
    We have a new manager that is telling me to remove them because of liabilities. We have an office on the property and it's in the front of this eight acre 15 building property.  
    I am on a signed lease and feel that I have every right to protect myself and my property.
Any advice you can offer be greatly appreciated
Best Regards,
Ray
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Response
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    I just watched a news report warning that thieves follow Fex X trucks and run up and steal packages left on the front stoop.  The news article promoted cameras that contact the home owner and offer audio capability; didn't mention any brand but Ring.com certainly came to my mind.  
    There are a lot of misconceptions regarding use of cameras, and even more regarding audio, one or two way.  
    The cameras and audio can be installed and used lawfully.  There is also potential of abuse, but that's true about just about every device.  I haven't heard about any lawsuit against a car dealer who sells a car to a dangerous driver who leaves the dealership parking lot and promptly crashes, causing injury.  
    Common sense, which is not always a reliable gage on what's legal, may be a good start when it comes to cameras and audio.  Consider "expectation of privacy".  If there is expectation of privacy then use of cameras and audio may be a problem, especially if the data is misused.  But, a parking lot?  No expectation and therefore the camera are entirely proper.  There would be no issue of liability, unless of course the data is misused for improper purposes.   An example of that could be using video on your own website or in advertisements without consent of those in the video.  You can't use personal images for your own commercial advantage.  But those same images can be turned over to police or news.  
    The Residential All in One and the Commercial All in One have all the provisions you need to install video and audio.  In fact, if you're not suggesting outdoor cameras then I suggest you make that note in the Disclaimer Notice.  Cameras and audio will likely be a commonly devices in security systems.  Don't miss the boat.
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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
516 747 6700
www.KirschenbaumEsq.com