Is CCTV still the right terminology / Is subscriber entitled to event log / Schedule Free meeting at ISC February 15, 2020
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KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ************************************ Is CCTV still the right terminology / Is subscriber entitled to event log/ Schedule Free meeting at ISC February 15, 2020 *********************** 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. ******************** 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] *********************** 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. *********************** 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. *********************** Round Table: March 18, 2020 at 2 PM. 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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 *********************** Is CCTV still the right terminology *********************** Ken, As always, it’s interesting to see questions and comments from across the country; I guess I’m up!. I have a question regarding using the terminology Closed Circuit Television (CCTV) systems. What is your opinion on that terminology today since most companies are installing IP/network cameras that aren’t very “closed circuit” today? Can using that name in a contract pose a legal issue in today’s environment? Best Regards, Rich Trevelise, President ******************** Response ******************** Great question. CCTV, or Closed Circuit, means just that: the data stays within the network on premises. That terminology doesn’t describe most of the camera systems being installed today which connect with the Internet and can be viewed remotely. Not “closed circuit”. Is there a legal consequence to using the CCTV terminology to describe a system that is not really closed circuit? Probably not under most circumstances. Sure, you could be one who gets sued because your subscriber’s camera system gets hacked and you described it as a CCTV system and your subscriber claims, after the hack, that it didn’t know the system was accessible remotely. That’s likely not going to be established after a few minutes of discover or cross-examination because the contract will likely describe how the system works, the subscriber will admit it knew the system was accessible and the contract will, in any event, contain protective provisions that will insulate liability. This reminds me that every copy machine and every copy used to be called Xerox. Every photograph was a Kodac moment. Sometimes terms take on a universal meaning. I think CCTV probably has that meaning now. You need to be accurate when describing the type of camera system you are providing and not simply refer to it as CCTV unless it is. ******************** Is subscriber entitled to event log ******************** Ken, We use your contracts and read you newsletter religiously. One topic that I have not seen covered and I need help with: Is the subscriber entitled to alarm and event logs? I am working with a subscriber and their Insurance Company on a Burglary. The Central Station notified the subscriber of a Communication Failure one night. The subscriber assumed it was a momentary issue and, since no alarm event was Reported, the subscriber did not investigate further. Burglar robbed the premises that night. The alarm company is not providing information requested, including recordings of the conversations between the subscriber and the central station, central station and panel event logs for the event and the panel programing information. Is the subscriber entitled to this information about his account? Thanks for your expertise. Elie Ribacoff Worldwide Security Network *********************** Response *********************** There is nothing in the Standard Form Agreements which requires that the Alarm Company or its subcontractors [in this case, the Monitoring Center] share their business records. Without question these records are discoverable through proper subpoena or court order. Also, business records should be retained and preserved once you know that the records are likely to be needed. So, you’re not required to volunteer the records, and you can withhold providing them, but ultimately production of these records can be compelled. The All in One agreements also provide for you to be paid if you get called into a court hearing to testify. *********************** To order up to date Standard Form Alarm / Security / Fire and related Agreements, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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