*************************
CAN CHURCH INSTALL VIDEO AND AUDIO IN SANCTUARY
*************************
Ken
The priest of a church wants to install a microphone along with a camera to see the church hall and meeting hall below the church hall. We are in Connecticut.
Even with signage warning that the property is under audio and video surveillance, could a church be considered a private place? For example when there is no masses during the week the doors are still open and people are free to enter the church to sit in a pew and pray. If you have a couple people in there (that think they are the only ones in the church) the conversation could be recorded. Could they hold the church (and my company) liable if they claim eavesdropping.
If you post this in your blog please make it anonymous.
anon
*************************
RESPONSE
*************************
As the installing company you have no liability or exposure. Can you get sued? Sure, but I don't think you have liability. Just today I advised a dealer to go ahead and install nanny cams throughout a residence and just add language to the Schedule of Equipment and Services, which is a Rider to the Residential [or Commercial] All in One Agreement that "Subscriber was advised on lawful use of cameras and audio recording". I told the dealer to copy the law off my website and give it to the homeowner-subscriber.
You are concerned with eavesdropping but need to also be concerned with voyeurism. Below are the laws in Connecticut that address both issues.
Eavesdropping includes mechanically overhearing a conversation that you are not a party to or without the consent of one of the parties to the conversation. The use of audio in the church without consent by at least one person who is part of the conversation fits the description. I don't believe you get around the consent requirement by posting signs. Consent should be stated on the record or in writing.
The video issue is a bit more complicated. To be guilty of voyeurism the video would need to be made with "malice" or with intent to arouse or satisfy sexual desire, without consent of someone who is in plain view with no reasonable expectation of privacy. Malice means desire to cause pain, injury, or distress to another or with intent to commit an unlawful act or cause harm without legal justification or excuse. Not sure what arouse or satisfy sexual desire constitutes, but I suppose I'd know it if I saw it [to almost quote from the US Supreme Court when discussing pornography].
But these issues affect your subscriber, not you. If you were asked to install video or audio in an obvious wrong place, like a bathroom, then I'd suggest you pass on the installation. But there could be legitimate reasons for the priest's request. Giving the subscriber the law [rather than your interpretation or synopsis] is a good idea; attach it to your Commercial All in One Schedule of Equipment and Services.
*************************
check your state law at:
https://www.kirschenbaumesq.com/page/alarm-law-issues
*************************
Video
Conn. Gen. Stat. § 53a-189a (2007)
§ 53a-189a. Voyeurism: Class D felony.
(a) A person is guilty of voyeurism when,
(1) with malice, such person knowingly photographs, films, videotapes or otherwise records the image of another person
(A) without the knowledge and consent of such other person,
(B) while such other person is not in plain view, and
(C) under circumstances where such other person has a reasonable expectation of privacy, or
(2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person
(A) without the knowledge and consent of such other person,
(B) while such other person is not in plain view, and
(C) under circumstances where such other person has a reasonable expectation of privacy.
(b) Voyeurism is a class D felony.
*****************
Audio
Conn. Gen. Stat. § 53a-187 (2006)
§ 53a-187. Definitions. Applicability.
(a) The following definitions are applicable to sections 53a-188 and 53a-189:
(1) ...
(2) "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment.
*******************
WEBINARS - free [these webinars will not be recorded]
MARKETING YOUR ALARM COMPANY presented in a 3 series webinar
Five Marketing Methods That Provide Results, Time and Time Again!
Presented by David Morgan of Security Dealer Marketing www.securitydealermarketing.com
Which marketing methods have worked for over 100 security companies nationwide? According to the 80/20 rule, 80% of results are generated from 20% of your activities. This 3-part webinar series will focus on the 20%, or the 5 marketing methods every dealer and integrator must be using to generate results. Best yet, each one of these 5 marketing methods are all 100% trackable.
All webinars will be from 12:00 – 1:00 pm EST
REGISTER TODAY FOR ALL THE WEBINARS [register for each one separately]:
Part 1: Building Your Marketing Foundation
Thursday, October 8th, 2015 from 12:00 – 1:00 pm EST
Register at: https://attendee.gotowebinar.com/register/1496530252687904769
Part 2: Pull Marketing Strategy
Tuesday, October 13th, 2015 from 12:00 – 1:00 pm EST
Register at: https://attendee.gotowebinar.com/register/959675008728713985
Part 3: Fine Tuning Your Marketing Machine
Thursday, October 15th, 2015 from 12:00 – 1:00 pm EST
Register at: https://attendee.gotowebinar.com/register/4241516007012418818
About Security Dealer Marketing:
For over 4 years Security Dealer Marketing, a full-service marketing agency for the security industry, has helped dealers, integrators and industry manufacturers nationwide gain market share, expand to new markets and penetrate new verticals successfully! We have helped over 100 security companies nationwide. We know what works and what doesn’t, from experience! We’ve been trusted by many of the industries biggest names, speak frequently at industry conferences on marketing for security companies and have been a featured monthly columnist, Marketing Madmen in SDM Magazine since January of 2014.