KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on Re: How you get sued for camera placement
January 31, 2026
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comment on Re: How you get sued for camera placement from article on January 21, 2026
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Ken,
We do NOT install cameras as a regular part of business. The last install was for my girlfriend's property, while the cameras are pointed to mainly cover her property, they do overlap into the neighbors and the street. In some areas there is enough distance, foliage, trees etc to block inadvertent views, however, in many areas where homes are close it is almost impossible not to see past the property line. What about a simple form that advises the neighbor that the cameras do overlap the property line and have a view of their property and have them sign that it is ok?
Jeff
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Response
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You don't need to ask the neighbor to sign anything, not in your scenario. If the scenario was described differently a getting something signed is not going to matter either, as I will explain.
It's not uncommon for cameras to view beyond the property line when placed outside. There is nothing wrong with this and no law will prohibit it. It's really not that different than simple walking past a property or look over a fence or property line. The problem arises when the area you are viewing is expected, by the property owner, to be private. If the neighbor wants to sun bathe in the nude on the front lawn, in open view, the camera set up outside your house to view your driveway will be fine if it happens to overlap to view the neighbor's front lawn. Same with side or back yards.
When the neighbor sets up an area that is obviously intended as private, a pool or spa setting for example, then positioning a cameras to view the area would be an intrusion. Note that in some states it violates laws if you capture images, photos, and use the photos commercially, for example, as a promotion on your website, or on your social media for any reason. Legitimate news broadcasts of news worthy events are permitted, but that's not your business.
Asking a neighbor to sign a consent or release isn't practical when the viewing is intended for an inappropriate area. The "ask" alone would likely be suspicious; and so would the consent, come to think of it.
What you do with the data often will dictate whether it was wrongly collected. For example, your overlapping view shows your neighbor's driveway into the street. You decide to collect all the comings and goings of your neighbor's activities. You then publish the date on social media implying, or claiming, improper activity, just based on all the ins and outs. That could be viewed as invasion of privacy. Same if you happen to collect data of activity in your neighbor's yard and then threaten, blackmail, the neighbor, demanding money or you will sell or go public with the data. The camera may not have been set up to primarily view the yard but you nevertheless captured enough data to use it.
As the installer you are not the one responsible for how the cameras, audio or data is used, and that's what the K&K agreements provide.
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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
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