Getting The Facts Straight On Video Surveillance Laws
Wednesday, January 18th, 2012The times when only the rich and the famous could buy products of modern technology are a thing of the past. Today, considering all the advancements, many electronic gadgets are being sold at more affordable cost, thereby making them available to a wider customer base. This holds true for surveillance cameras that can be purchased anywhere at prices that many can afford. The good side is that even owners of homes and small businesses can take advantage of having a way to check whether there are undesirable activities happening on their properties. However, it is always best for them to know and understand video surveillance laws. There are rules that must be followed to spare oneself from any legal liability.
Surveillance laws differ among states. Hence, it is imperative to check with a local attorney to determine whether your plan of installing a surveillance device is complying with the related rules. Covert or overt business or home video surveillance may also be regulated by different laws and so it is necessary for you to know for sure the classification of your surveillance system. With overt surveillance, everyone, including the people being recorded have full knowledge about the existence of the surveillance device. This is an accepted form of surveillance in the United States but prohibitions exist for private areas such as restrooms and lockers. Again, there can be certain provisions which may not be the same in every state and so it would be help to become informed than to make assumptions.
Covert surveillance, on the other hand, pertains to surveillance of people who don’t know they are being monitored at all. Many people and business operators have profited much from having hidden cameras that now serve as their extra eyes, looking after their loved ones and their assets. Most laws actually tolerate this form of surveillance, with or without the approval of the persons concerned. Thirteen of the United States, however, do not permit the use of video surveillance cameras in private places, unless it is authorized. These states consisting of Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota and Utah mandate that photographing, recording or monitoring of private places be allowed only when the people under close observation have given their full consent about the surveillance. Maine and Michigan both consider this act as a felony but in Michigan, it can be punishable by a $2,000 fine and 2 or more years of imprisonment.