2010 February 01

Are you thinking about installing Hidden or Surveillance Cameras in your place of business? Many employers consider video and other surveillance key to keeping an honest and productive workplace. It keeps employees on the straight and narrow – no fingers in the till, no time clock funny business, no drinking or drugging on breaks. Many business owners and managers also record or review phone calls and emails from the office.

But employers must be careful not to go too far in their surveillance or they will risk being sued by an employee for an invasion of privacy under federal or state law. This article is an overview of the laws applicable to workplace surveillance – you should always talk to your own attorney to determine exactly what the law is in your state.

VIDEO SURVEILLANCE

There are several variables when considering video surveillance in your place of business. Your choices include visible traditional and dome surveillance cameras or hidden cameras, with or without audio. Each of the variables has potential legal implications. Visible surveillance cameras (not hidden in any way) are generally not illegal if they are in a non-private place.

If the camera records sound as well as video, you must comply with federal and state wiretapping and eavesdropping laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction.

Hidden cameras are a slightly different story. Video recording (without sound) is usually okay, even if the camera is hidden unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video.

Courts across the country are finding with more and more frequency that no reasonable expectation of privacy exists with non-covert video surveillance or even with hidden surveillance if the physical space examined is a public space. Note that, if an employer uses union employees, the employer may be required to notify the union of its intention to use hidden cameras, but probably doesn’t have to disclose where the cameras will be installed.

There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy. Most states have followed suit. These laws are often referred to as “video voyeurism” statutes.

VIDEO VOYEURISM LAWS

As you can see, surveillance technology has advanced so much over recent years that excellent cameras can be completely hidden from view in a number of different ways. These Spy Cameras are a great tool for many employers but can also be used inappropriately. The federal government and most states have recently passed “video voyeurism” laws.

These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons.

The federal law prohibits anyone from recording images of an individual’s “private areas” without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos.

You will need to check your home state’s particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private – bathroom and changing rooms may be “no-brainers” but some states’ courts have even decided that employee break rooms or lunch rooms are “private” for purposes of video surveillance.

OTHER SURVEILLANCE IN THE WORKPLACE

The monitoring of electronic communications such as telephone calls, voicemail, email and IMs is covered by the federal wiretapping and eavesdropping statute – the Electronic Communications Privacy Act. The ECPA does include several business use exceptions to allow employers to perform necessary investigations, protect trade secrets and keep an eye on inventory and receipts.

Under the federal law, the monitoring of things such as email and phone calls is allowed if either the sender or recipient consents or if it is done in the regular course of business. Employers can monitor only equipment which they own and do not have the right to monitor email hosted by a third party (like web-based email programs.

BEST PRACTICES

Whether they have a right to privacy at work or not, many employees find surveillance of any sort offensive. It is good practice for employees to be provided with written notification of the existence or possibility of any monitoring in the workplace – video, audio or otherwise.

Notices can be made a part of a written, distributed policy or a section in the employee handbook. Employees can even be asked to sign a consent to or acknowledgement of the monitoring. If you are cautious, ethical and respectful of your employees and of the law, video and other surveillance in the workplace can be a wonderful tool to keep your business running smoothly and profitably.

By: Sharon Macdonald

About the Author:

I am a part-time private investigator and have been for several years. A great deal of what I do involves surveillance from my vehicle. The cases I generally work involve insurance claims for injuries and infidelity issues.

Concerning the insurance claims, there is rarely a case where I don’t find dirt on someone. I just worked a case where a young man went out with a back injury after 4 days on the job. On the 2nd day of surveillance, I found him skateboarding.

I would like to share 10 surveillance/investigation techniques that I picked up along the way and from other private investigators.

1) Mini-vans are best for surveillance. Get tinted glass so you can sit in the back, virtually unnoticed, most anywhere. I like the older mini-vans, like the Caravans, as they are more nimble and blend in better (they’re everywhere) than newer ones. Once you’ve worked out of a van you’ll never go back to a car.

2) Stay on the vehicle’s bumper when tailing in the city, and allow a car between you as a buffer in slower areas. There are too many stoplights, stop signs and traffic in the city, making it easy lose the tail.

3) Lack of dew on a vehicle during morning hours could indicate it was moved sometime that night.

4) Verify address by looking at the mailbox for a name or peeking at the mail if it’s sticking out.

5) Determine whether residence is a single or multi-family home by counting # of electric meters.

6) While tailing someone, you notice the person stopping i.e. in front of a house- you (as cover) continue past, turn into an empty driveway as if you belong there. Don’t lose sight of person.

7) Take detailed notes via pen & paper or voice recorder. Write date/times, make & plate of any vehicles there, any vehicle movement, anyone showing up, etc. Good notes are crucial for yourself and for the report you give to the client. You, as a private investigator, may be asked to testify so accuracy is critical.

Accurately estimating the height of an individual can be difficult (that’s why those height charts are on doors of convenience stores). You can get a good idea by comparing the individual’s height to that of any vehicle that they get into or out of. This will become easier with practice.

9) When running video, there will be lots of stop starting of the camera – create definite borders between clips by placing hand over camera at the end of each segment. Make sure a time & date stamp appears on tape (setting on camera). Aways obtain a panoramic video shot of location and vehicle for video verification thatthe person was there.

10) Stake-outs can run several hours and occur in non-optimal situations i.e.no convenience store nearby, so keep a roll of toilet paper in your vehicle at all times.

Surveillance involves hours of nothing followed by minutes or even seconds of intense excitement. Make those small parcels of excitement pay off well by following proper investigative techniques.

By: Robert C

About the Author:

If you own a restaurant or shop, cameras are vital, not only to prevent theft and break-ins, but also to identify those that are responsible once these things do happen. However, these are not the only places in the world you would expect to find a digital surveillance camera. Private investigators may use them to prevent crime or to check out a cheating spouse, child care centers can also use them, and many more places in between. Basically, if you want something that will prevent crime and other things from happening, digital surveillance cameras would be the right option for you.

The most basic of digital surveillance camera that you can buy is a simple camera that can be fitted to a TV, and this can be used to monitor a front door of a house or similar to not only prevent crime, but also to capture those who commit crimes. However, if you are the owner of a large warehouse or store, you can buy packages of digital surveillance cameras that contain 16 cameras that can be wired or wireless, and can be recorded for future reference, so if you believe a member of your staff may be stealing from you, this would be the way forward.

There are also types of digital surveillance camera that you can buy that will allow you to watch what is going on from anywhere in the world, simply by logging on to the internet, and this is perfect if you spend long periods of time away from your business or home, to catch up with whatever is going on, to prevent crime and also to ensure that workers are doing what they are supposed to do.

It doesn’t matter what area of your property you wish to cover and monitor, there are packages available which contain anything from one camera to sixteen cameras, perfect your unique needs and preferred budget.

Want to consider and initially take action in protecting your home or commercial property? You can compare rates at Stunning Protection.

Stunning Protection is an online shopping store especially designed for people with the same interests of acquiring everyday personal safety and home protection needs. Learn to be in control. Shop now for the cutest lipstick pepper spray to the sophisticated surveillance camera.

By: Parmod Kumar

About the Author:

If you get a digital video surveillance security camera system installed at your home or business premises, you can feel safer and more secure. Though people get these cameras installed for multiple reasons at such places, but these security systems definitely help them feel relaxed as your property is more secure. These security cameras allow you to monitor the activities of your business or home in your absence, and thus allowing you to ensure the safety of your children and pets. If you want to enhance the security further, you can also opt for a motion detector, which can send you security alerts through a pager or e-mail in case there is any sort of disturbance at your home or business in your absence.

It is easy to install a digital video security camera system, and you can do that in less than a few minutes. However, some of the security camera systems installed by government security agencies are more complex, and take more time to install. Moreover, they tend to cover a larger space.

A digital video surveillance system offers a superior quality transmission of signals. In addition, there is a large variety of features offered by a digital video recorder. A digital video surveillance system offers high resolution, greater hard disk storage capacity, date/time or event or segment search. The digital video cameras have an integrator multiplexer, which allows concurrent recording of security cameras installed at multiple locations.

If you want to prevent unnecessary loss and effectively manage emergency situations at home or office, going for a digital video surveillance system is the right solution for your security needs. A digital video surveillance system has a centralized system control, which offers better communication. The camera is equipped with a preset threat identification and notification system, which allows following benefits to the user:

Timely Detection of Security Threats

With the help of a digital video surveillance camera, you can and take immediate action even before the event occurs.

Security System Works 24×7

Most of the security cameras are highly durable and can endure harsh environmental situations, such as heavy rains and snow.

Raise Less number of False Alarms

A digital video surveillance camera [http://www.sunsecurity.com/vandal-proof-outdoor-dome-camera-p-282.html] allows you to minimize number of false alarms. However, a high quality digital video surveillance system, you get a guaranteed accuracy without missing the true incidents. As a result, a digital video surveillance system is one of the most trusted automated video surveillance systems available in the market.

Minimizes Human faults

It’s difficult to locate the required information through CCTV, but video surveillance system gives you an enhanced sense of security with its recorded video.

Extensive Surveillance Capacity

The system allows you to effectively monitor multiple locations at the same time, and requires no manpower to capture the video. You can even see dark and risky areas with the help of this system.

Available with an easy-To-Use Interface

A digital video surveillance system is easy to use and offers you a cost-effective solution, which fulfills all your security requirements.

Easy to upgrade

A digital video surveillance system can be easily upgraded according to changing security requirements. You can also retain your current hardware and make most out of it.

By: Steve Strong

About the Author:

The rising concern over criminal activity, not just on the streets but also in people’s homes and at their place of work is now leading to a larger interest in security systems. If you own your own home or own your own business then you have probably thought about buying some type of security system. Many have found that surveillance cameras are not only effective at deterring crime but can also help in identifying criminals and criminal activity as it happens.

A surveillance system consist of a cameras and a digital video recorder this has the capacity to record video in a digital format. The system stores video on a hard disk, which can then be replayed. This system also has the capability to allow remote viewing over the Internet. Other features include viewing from your cell phone, License plate capture and recognition. Surveillance cameras are ideal for watching customers and protecting against shoplifting, violence and other forms of criminal activity.

A surveillance system may dissuade a criminal from acting on his impulses, and discourage a break in or a hold up since the cameras will record everything. Secondly, surveillance systems can also be used to identify criminals by face, especially with advanced new features like infrared night vision. There is a wide variety of these available, including hidden, vandal-proof, IP, as well as standard cameras. Hidden cameras are excellent for catching someone in the act, IP Cameras can be viewed directly from a PC, whereas standard sized ones may scare potential criminals straight.

By: Y. Tilden

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