KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Remote viewing and service work liability and keeping up with technology
January 23, 2021
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Remote viewing and service work liability and keeping up with technology
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Ken,
            My techs came back from a Digital Watchdog class where they heard about a way to set up a NVR with a master user and company password.  You can log into customers camera systems and do service on the internet without rolling trucks. 
            I have some concerns about a tech logging into a customer’s site and forgetting to log out, leaving the company list up and available to anyone who turns on a monitor.
            Also is it a good Idea to do paper work with the customer to get acknowledgement from the customer that we can log in to do service work on the system?
            Seems like a big liability out there.
            Thoughts?
 Official Name withheld   “AKA dealer from Wisconsin”
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Response
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            Either I am technically misinformed or you have been asleep at the switch.  Remote access to a subscriber's system has been around a long time now, at least long enough to be readily available and in use.  
            Regarding accessing the system remotely I suspect you are correct that it does present some additional opportunity for mistakes and no doubt opens the system up to hacking, a cyber security issue.  But sending a tech to the premises has plenty of liability issues, you still do it.  Remote access to program and work on a subscriber's system is essential.  More than likely new systems you install provide for remote access, by the subscriber and by you.  Older systems should be updated as the opportunity arises.
            The All in One agreements provide for remote access.  Remote access is mentioned in several ways, including the administration services for access control, camera viewing and reprogramming, not only upon request of the subscriber but when the subscriber has defaulted or the contract expires and the system needs to be reprogrammed.  
            You should have permission to remote access, and that permission is found in the All in One.  It's one reason to update your contracts.  If your contracts are old enough you won't have remote access terminology because that technology wasn't available when you got your contracts.  If you're not installing remote accessible systems and generally keeping up with technology in the electronic security industry, then shame on you.  If you haven't updated your contracts, you're making a serious mistake, for many reasons and levels.  Update today, both your technology and your contracts.
            You worry about performing your service; let me worry about your legal contracts and exposure.  Join the Concierge Program today, order new contracts today, sleep better and make more money tomorrow.
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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