Surveillance cameras are a fact of life now. Wherever you go, chances are oy will be confronted by recording technology that aims to capture images of people and environments for enhanced levels of safety. While this can be a good thing when it comes to identifying problems, thefts, or criminal behaviors, it can pose the question of privacy and at what point are you infringing on another person's privacy in the name of protecting your company.
A school in the UK has come under fire for installing cameras in bathrooms to reduce vandalism and bullying, but with many parents rightly up in arms or this invasion of privacy, what laws are actually applicable when it comes to recording members of the public? And what do you need to know before you install security cameras?
Laws Regarding Privacy
The general rule of thumb regarding video surveillance across the U.S. is that you’re allowed to record surveillance video in public so long as there’s no reasonable expectation of privacy. Places where an individual has a reasonable expectation of complete privacy include:
Showers
Bathrooms
Toilet stalls
Bedrooms
Locker rooms
Store changing rooms
Hotel rooms
The placement of a security camera is critical, and each state will have its own rules on how they should be placed and where. If you hire a professional security company such as FocusSG.com, you can benefit from their experience and expertise in this area or advise you on the best possible placement.
It is illegal to record audio or visual footage with the sole aim of malicious intent or blackmail.
As a business where you use security surveillance, you need to make sure that everyone on your property is aware that they are being recorded. If you have cameras in places such as elevators or facing hotel rooms, this must be explicitly and clearly expressed so people are aware.
Employers must have a genuine business motive for utilizing security cameras to monitor personnel. State privacy laws should direct you on specific video and audio surveillance limitations and permits. Of course, having video surveillance in public view areas such as money transaction points and retail shop shelves where goods are sold will help you prevent theft and watch how staff do business.
One thing to bear in mind is that recording audio is prohibited by wiretapping laws, and doing so can leave you open to prosecution. If you intend to record audio, employees and customers must be aware that you are doing so before this is undertaken. Hence, they are aware of any potential breaches of their own personal security.
Suppose you are unsure of your legal obligations when installing audio and vital recording equipment. In that case, it is important to get large amounts of advice to help you make sure you are following everything correctly. You don’t want to be inadvertently breaking any privacy laws and leaving yourself open to being sued.
Ensure you have signs posted around your premises to cover yourself and ensure that only minimal employees have access to any footage you are recording to reduce the risk of further data breaches infringements on people's privacy.