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Home > As advancements are made in video surveillance technology, the legal concerns of surveillance operations are on the rise
September 10, 2006
By: Lynn Bryant
As video surveillance technology improves and the
available options expand, so do the ways in which this type
of security technology is utilized. With more and more
people installing video security surveillance systems the
legal concerns of surveillance operations cannot be
overlooked. You might be wondering just how common is the use of video surveillance
technology in public places, and what is actually being
monitored. It begs the question, is video surveillance
legal?
All you really need to do is walk out your front door,
and chances are there will be some kind of video camera
nearby. Surveillance cameras hang from the sides of
buildings, traffic lights, ATM machines, homes, stores, and
parking lots capturing every move. The problem is that there
are very few laws regulating the use of video surveillance.
In addition, who actually has the right to view the captured
images themselves poses the biggest concern. Recordings that
are captured from most security surveillance systems are
privately owned, and may be stored, broadcast, or even sold
without permission or even disclosure.
As video surveillance becomes more sophisticated and
discrete, the chance of abuse taking place becomes more and
more likely. When paired with face recognition software,
sophisticated systems can identify individuals by comparing
their image to the driver’s license database maintained by
the Department of Motor Vehicles. While it’s easy to see how
this type of technology is beneficial to law enforcement,
it's a little eerie to think that there is nothing stopping
anyone from having access to such personal information.
Many people fear that video surveillance operations are a
violation of the Fourth Amendment, but the fact is, there
are very few laws, if any, regulating the use and capturing
of video images in public places. The courts historically
have ruled in favor of the use of surveillance when
conducted in a way that any person could easily and freely
view the same image/person if they were physically there.
Individuals don’t really have the right to expect privacy in
public places, and video surveillance in such places does
not constitute an invasion of privacy.
There have been cases where individuals have been found
guilty of voyeurism through the capturing of video images of
individuals in private situations such as restrooms or
dressing rooms, but these cases are pretty rare. As
technology continues to advance, the chance of these
individuals being discovered becomes increasingly difficult.
While there may not be much in the way of case law today
related to the legal concerns of video surveillance it is
certainly best to err on the side of caution when setting up
a surveillance system. You likely will not run into any
legal problems if you stick to monitoring places that are
accessible to the public.
About the Author
Lynn Bryant is a successful freelance writer and
contributor to Video-Surveillance-Guide.com. Your
definitive guide to video surveillance equipment, CCTV
cameras and wireless security systems for home and business.
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