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CCTV - Audio Workplace privacy / subpoened to testify /  comment on ASAP to PSAP - October 20, 2015
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CCTV SUBPOENED TO TESTIFY
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Ken
    I have a question. I have a CCTV customer that had an issue with a tenant vandalizing a camera and was caught on camera. The tenant was arrested and is now going to trial. The DA sent us a supenoa to testify the equipment is in working condition but no one is willing to pay for our time to show up to court. Is there anything we can do about this? 
Patrick Fabian
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RESPONSE
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    You are required to obey the subpoena and testify to facts.  You are not required to testify as an expert witness or offer an opinion unless you are paid your agreed charges.
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QUESTION - WORKPLACE PRIVACY
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Ken,
    Thanks, as always, for your useful blog and advice.
    I have a client here in NY that owns a beauty spa and her superiors, who are in another country, want to be able to listen to and record activity of employees at the front desk (clients approach this desk as well). This would be done via camera and perhaps through their phone system (I did not install phones). From what I understand, as long as they inform their employees, have them sign off, sign a release form from me, and post a sign, they can do this. Generally speaking, I know that many companies inform their employees via their policies and employee handbooks that there is no expectation of privacy at the workplace (email, phones, video), except in certain circumstances (locker rooms, bathrooms, break rooms, etc.).
    Is there anything that I’m missing here?
    Regards,
Michael Serrano, M.Sc., President / CEO
Briteway Security Systems
Freeport, NY
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RESPONSE
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    I almost missed the most important part of your question.  Exactly what do you mean when you ask if employees can sign a "release form from me".  I thought you were in the alarm business, not a lawyer.  You are not in the business of providing legal forms to your subscribers, and you should not be explaining the law either.  I know you're trying to be helpful, but "no good deed goes unpunished".  
    Employer can install CCTV, except in bathrooms and dressing rooms.  No consent is required.  Audio is another issue.  The employer can intercept or listen in to audio if the employee has given consent [you're in NY which is a one party state].  That consent should be in writing, and not buried in a handbook unless employee has signed a "consent" to the handbook, not just an acknowledgment of receipt.  But in public places getting the employee to sign off on audio is not going to be enough if customers are on the premises.  Two customers being overheard or recorded, neither of whom have given consent' is a violation of law and their privacy.  Signs and beeps don't help.  You need consent and I suggest it be in writing.  
    If you want to help your subscriber decide what devices to get and what the permitted use is, you should simply provide a copy of the law, never your interpretation.
    Security video and audio systems are covered by the Standard All in One forms [comes in residential and commercial.
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 COMMENT ON ASAP TO PSAP FROM OCTOBER 13, 2015 ARTICLE
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Ken
    I'm not out to bash ASAP to PSAP but several issues with this protocol have been overlooked in the comments from other posters. I also speak from both sides of the fence. I'm a licensed Alarm Contractor and a 911 Supervisor.
    The ASAP to PSAP technology typically requires Computer Aided Dispatch (CAD) integration. This is a very costly undertaking requiring in most cases that an interface be built for the particular CAD program. Some examples of custom built interfaces would be $50K for fire station alerting systems or $25K for automated e-mail generation.  Some sort of cost sharing with the Central Stations would be necessary.
     Next, depending on the transport mechanism (NLETS or local state law enforcement network), the people installing,servicing, or operating these terminals must submit to an FBI background check and possibly some non-full user training and certification requirements of their state network. Of course there's dedicated fiber optic or microwave links that could bypass these stipulations but the recurring monthly or purchase and installation cost may be prohibitive.  
    I didn't mention anything about Cyber Security. Numerous protections must be in place.  How about the CS operator that plugs a flash drive into his or her's workstation and infects the entire network link with a worm or Trojan that the 911 centers firewall doesn't quite know about yet. In most 911 centers CAD and 911 telephony systems are linked to provide autofill of the callers info. In most cases the CAD servers are networked with several other servers, you get the picture. We'll be implementing Text to 911 next year and that will be on a stand-alone computers to protect the rest of network from hacking or infection.
    Get the answers to these questions and probably 100 more and then ASAP to PSAP may be for you.
    Some may think that this technology is a 'no brainer' but always remember that the box doesn't have 6 sides-it has 12!
Randy Kaminsky, Director of Technology
Bradley Police Department
Village of Bradley
Bradley, IL
rwkaminsky@thevillageofbradley.com