Audio Monitoring And The Law: How to Use Audio Legally in Security Systems. Today s Learning Objectives
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1 Audio Monitoring And The Law: How to Use Audio Legally in Security Systems Presented to ISC West / SIA Education April 11, 2013 Donald J Schiffer Attorney at Law General Counsel Louroe Electronics Today s Learning Objectives Familiarize & Differentiate Between: Overt Monitoring Surveillance Covert & Surreptitious Eavesdropping Expectations of Privacy Removing the Expectation Managing Legal Compliance Integrator / Installing Technician End User PG 2 1
2 Today s Learning Objectives Managing Legal Compliance Distribution Channel Considerations Demonstrating Compliance Federal State Common Concerns Questions on: Wiretapping Eavesdropping Fear of legal action Lack of resources to overcome unfamiliarity Overcoming Doubt Street Stories PG 4 2
3 Heard on the Street My daughter s employer may be listening to her at work. Can they? I ve installed audio in police stations, but first I made sure I had a note from the police saying it was okay. I bet you can t use audio in Pennsylvania Do all States have the same law regarding Video? Let s Build Awareness What About The Microphone? Design of the devicesuch that it renders it primarily useful for the purpose of oral surreptitious (covert) interception Covert design is generally prohibited (Fed. U.S.C. 18, Chapter 119, Sec (1b)) Hidden or concealed devices Unaware individuals & lack of notification IN VIOLATION OF THE FEDERAL LAW (USC 18, Sec. 2512) PG 6 3
4 Overt and Covert Expectation of Privacy U.S. Citizens Have a Constitutional Right to Privacy U.S.C. 18, Chapter 119, Sec Entitled to privacy in conversations Covertly overhearing a conversation is generally prohibited PG 8 4
5 Monitoring Be Aware Different than surveillance and recording Patient services; medical CT scan rooms Secure building perimeter watch Illegally obtained oral communication is not admissible as evidence U.S.C. 18, Chapter 119, Sec PG 9 Lawful Monitoring U.S.C. 18, Chapter 119, Sec. 2511(2)(d) It is not unlawful to monitor oral communication when prior consent is given Consent may be expressed or implied PG 10 5
6 Expectations of Privacy There cannot be an expectation of privacy if there are public signs posted indicating the communication is being monitored. PG 11 Implied Consent Given through facts, actions, or even by silence Reasonably understood that consent is inferred It is expected an objecting person behaves or responds in a certain manner PG 12 6
7 Legal Compliance Know state and local laws where the technology is applied Responsibility in application of the law Owner, installer, integrator, resellers, and distributors PG 13 State Laws 12 States All parties must consent to a monitored/recorded conversation (two-party consent) 38 States & D.C. Individuals permitted to record conversations they are involved in (one-party consent) PG 14 7
8 Audio Laws By State State Statute Party Consent State Statute Party Consent Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware DC Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Ala. Code 13A Az. Stat CA Penal Code 631 CO. Stat CT Stat d DE Code Title 11, 2402(c)(4) 1 DC Code & FL Stat Ch GA Code HI Stat ID Code ILCS 5/14-2 IN Code IA Code KS Stat KY Stat LA Stat 15: ME Title 15, MD Code MA Ch 272, 99 MI Laws c MN Stat 626A.02 1 MS Code to MO Stat Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming MT Code NE Stat NV Stat /Court Order NH Stat 570-A:2 NJ Stat 2A:156A-3&4 1 NM NY Penal Law , NC Stat 15A-287; ND Code OH Code Okl. St OR Stat , & PA Stat 5703 to 5704 RI Gen Laws , SC Code SD Codified Laws 23A-35A-20 1 TN Code TX Penal Code UT Code 77-23a-4 1 No VT Statutes Address Monitoring VA Code WA Code WV Code 62-1D-3 1 WI Stat WY Stat PG 15 Legal Compliance Final sign-off when commissioning Consumer/owner-operator of system acknowledges order and requirements for compliance to the law Photograph of notice at entrance & exits All public/private thresholds, including garage Include in job folder and project records The notice must be large enough to be apparent & clear in its pronouncement PG 16 8
9 Employee handbook Legal Compliance Condition of employment Patient consent form Part of hospitalization/treatment protocol Not in violation of HIPPA PG 17 Confidence in Compliance Offer an enhanced & total professional solution Know the state requirements where the product is installed Use signage in all appropriate locations of the project to manage and notice the expectation of privacy The responsibility for audio monitoring is the owner s, the Industry is the professional the owner looks to for security subject matter expertise PG 18 9
10 Resources U.S. Federal Law State Laws Other PG 19 For Your Information This is NOT legal advice You can obtain a copy of this briefing The information in this briefing is based on the interpretations and opinions of the author and is for Industry Educational purposes Do not rely solely on this information without verifying same with your legal counsel/attorney PG 20 10
11 Thank You Audio Monitoring And The Law: How to Use Audio Legally in Security Systems Presented on Behalf of: Louroe Electronics, Inc. 11
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