Questions about the legalities of installing covert video CCTV cameras arise often. The safe answer is, "Contact your attorney."
The expedient and practical answer is…
"Avoid legal problems in the first place."
- Research the latest laws.
- Follow these guidelines.
- Combine all this with common sense.
- And, err on the conservative side.
• Title III, the federal law regarding interception of wire and oral communications, does not address the covert video surveillance issue. Courts, however, do have the authority to make rules about video surveillance. Past decisions are important guideposts to follow.
• Congress has made several attempts over the past few years to regulate video surveillance. It is likely that a video surveillance bill will be passed – in some form – in the near future. Remember, what is legal today may not be legal tomorrow.
• Some states have laws regarding video surveillance. Keep up to date on all the current laws, federal and state. The books Wiretapping and Eavesdropping, by Clifford S. Fishman and/or The Law of Electronic Surveillance, by James G. Carr are good references. Available from Thompson West Publishing at 800-344-5008.
General Guidelines…
• Covert video surveillance is generally considered illegal when…
- the subject has a reasonable expectation of privacy (Fourth Amendment rights);
- it involves sexual activity (even with one-party consent);
- if audio eavesdropping is also taking place without consent,
(one-party, or all-parties depending upon state law);
- prohibited by a state or local law.
• Covert video surveillance may be illegal when…
- the person with authority over the premises has not consented;
- the reason for the video surveillance fosters an illegal purpose;
- if under Sixth Amendment the subject has the right to counsel;
• Covert video surveillance should be avoided when…
- a less intrusive, legal investigative method is equally available;
- when you feel uncertain about the installation legality or ethics.
• The days show-of-force fake CCTV cameras are over.
- Visible CCTV cameras are now perceived by the public as a safety item. If you display a camera, the public will have the expectation that you have provided an extra measure of security. The cost of cameras has dropped dramatically - eliminating the rational for fake cameras.
