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lockout code question
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Ken,
    I have a question about the installer lockout code. We installed a system for a builder who in turn sold the house to the new homeowner. The system was locked out upon installation by us. The homeowner has contacted another alarm company to monitor the system and wants the panel unlocked. We will not provide our lockout code as most other companies will not either. We did offer for a service call fee to drive to the house to unlock it for them (they do not want to pay). The builder paid us for the installation only, there was no contract in place for monitoring of any type. Can you tell me if we have any obligation to the homeowner whatsoever to unlock this system?
Thank you,
Marc M
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Response
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    Your subscriber /  customer was the builder.  Apparently the builder hasn't pressured you one way or the other.  No doubt the builder sold the house with the alarm system and the homeowner expected the system to at least turn on and off for purposes of sounding a local alarm.  You should have left the system with that capability.
    Neither the builder nor the homeowner contracted for monitoring; obviously you don't have to provide monitoring.  If you used the Commercial All in One [which is the form agreement the builder should have signed] then you clearly own the programming and all the codes; you don't have to provide those codes.
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police ask for camera data
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Ken,
    I have a customer who we installed a 2GIG System along with 2 Wi-Fi Cameras in their house. Yesterday the customer called and said that his house was broken into and his son was there and fatally shot the intruder, he called me around 30 min after it happened and said to pull the video of the incident. Cameras didnt show anything, but the Chief of Police called me and wants me to come by and review events from the Alarm.Com cameras as well as the arming and disarming of the system. Here is where I am concerned now, this has become a capital murder case since it involved more than just a home invasion, looks like the intruder was set up. So I'm concerned if I give the information to the police will I be setting myself up to someone like the homeowner suing me since I gave the information to the police. Need a quick answer if possible because the chief wants me at his office this morning.
Thank You,
DM
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Response
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    Generally, video data is stored on local DVRs on the subscriber's premises or at the central station or in the cloud.  This is important because if the police make an informal request (meaning without a search warrant or subpoena), then the request to retrieve the data must be made to the owner of the data.  If this subscriber signed the Standard Residential All in One then you or the central station own the video data; and you can release it upon an informal request by police for their investigation.  On the other hand, if the subscriber isn't signed to a contract or signed to one that doesn't grant ownership of the data to you or the central and the data is stored on local DVR on the subscriber's premises, then I suggest you wait for the police to get a warrant or subpoena before handing over data that doesn't belong to you.  Complying with an informal request without first obtaining the subscriber's consent may get you out of the police station quicker, but you might as well head straight to your attorney's office because as soon as the subscriber is notified you can expect to be sued. 

     It is important to note that regardless of who owns the video data, if the police obtain a search warrant or subpoena from the District Attorney then I recommend handing over ALL of the data requested.  While you may think you're playing it safe by protecting your subscriber and refusing to hand over the data, just remember that the only way to play it safe at that point is to comply with the police request.  

     Also at issue is whether you still have all the data that the police request.  Absent a specific law to the contrary, you are not obligated to maintain the video data for any period of time.  So if some of the data requested was already recorded over by the time you found out about this incident, do not worry, you did not have a duty to maintain that data.  However, now that you are aware of the murder and that the data may be used as evidence, you must maintain all data relevant to the case and make sure the data is properly protected so you can produce it if and when you are required to do so.  I remember a case from a couple years ago where a murder suspect was staying at a motel and when the police asked the motel owner for video data that could help with the investigaton he said to contact the alarm company.  Instead of handing the data over the alarm company owner deleted the data and skipped town.  As soon as he returned he was arrested.  In that case, it didn't appear that the alarm company owner was involved in the murder, rather, it seemed as if he just didn't want to be bothered.  Unfortunately, being lazy or uncooperative in a situation such as this can get you 10 years in prison.  I'm sure if the alarm company owner knew that at the time he would have handed the data over immediately.

    Part of being in the alarm industry is being entrusted with personal information.  That information must be secure at all times because releasing it when you're not authorized to do so will most likely get you sued by your subscriber.  It may be easy for you to say that you would never treat the security of such personal information lightly, but can you say that for all of your employees?  You need to have in place strict company guidelines for all your employees to follow since you will be liable for the acts of your employees while acting within the scope of their employment.  Laying out company guidelines in your Employment Handbook will minimize the risk of your employees mishandling the personal information of your subscribers, meaning it will minimize the risk of you being liable for your employee's stupidity.  Company guidelines is just one of many issues that should be covered in your Handbook.  If you're interested in modifying your Employment Handbook or obtaining an updated Handbook contact Jesse Kirschenbaum, Esq. at (516) 747-6700 ext. 317 or at Jesse@Kirschenbaumesq.com.
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