Nannycams are all the rage these days as people want to feel secure in knowing that their baby is being properly cared for. Video and audio surveillance is one way of monitoring your home when you are unable to be there in person. Installing video surveillance with audio equipment to protect your property or keep an eye on your employees in the workplace are all viable reasons for using Closed Circuit Television (CCTV). But are you aware of the laws surrounding your CCTV system? You may not even be aware you are breaking any laws until you have to appear in court for misuse of CCTV video or audio. The professionals at Advanced Private Investigator & Security in Miami Gardens take the responsibility of CCTV out of your hands by installing the products and educating you, the consumer to ensure you are in full compliance and fully protected.
CCTV Privacy Laws, Legislation & Legal Requirements
The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, and is secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and privacy laws.
The expert staff at Advanced Private Investigator & Security in Miami Gardens are proficient in these laws and have prepared the following list to help you understand and ensure that you are not potentially violating any codes or laws for security camera/audio usage:
By abiding by these rules and regulations, your video and audio recordings will be admissible as evidence in a court of law instead of finding yourself in a potentially compromising position and you yourself becoming the victim of a law suit.
• Inform your staff of any cameras placed within the work environment. This is simply a courtesy and while not required, the point of cameras being placed in working areas is to keep your staff productive and professional at all times. The experts at Advanced Private Investigator & Security recommend including a clause regarding the use of cameras or hidden cameras in your employment contracts.
• Legally nannies do not have to be notified of CCTV, but it is courteous and prudent to do so. In a court ruling between State v. Diaz, footage of the nanny abusing a child was used as evidence even though it came from a hidden camera. The judge ruled under the notion that one should not expect privacy in common living areas within other people’s homes.
• Other than official law enforcement purposes, footage from your CCTV should never be given to any other third party user. If you post a video online for entertainment you are in complete violation of this code, no matter how innocent your intent.
• Cameras should be positioned to view your property. Anybody who is not visiting your property or business should not be caught on your video footage. For example, the state of Florida prohibits cameras from pointing into your neighbor’s home or surrounding property, or common areas such as sidewalks, as it is a direct violation of privacy. Your Advanced Private Investigator & Security technicians can use various techniques such as privacy masking to ensure your CCTV system is in compliance.
• In Florida it is prohibited to place cameras in your home or place of business in private places without the permission of those being recorded. A private place is anywhere the person has the right to an expectation of privacy such as a bathrooms, fitting rooms, or hotel rooms etc. The Summary of statute(s) for the state of Florida reads: All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Disclosing communications in violation of the state’s statute is prohibited. Both criminal and civil penalties exist for such infractions. The state’s video voyeurism law bans the secret recording underneath or through the clothing of individuals without their consent, or in areas where they have a reasonable expectation of privacy.
Professional Private Investigator & Security Services in Miami FL
If you have questions or if you are interested in CCTV with video and audio, contact the professionals at Advanced Private Investigator & Security in Miami Gardens today and speak with a customer service specialist. We are a full service security and private detective agency with over 15 years of experience in delivering first-class confidential investigative results and security services for our clients. We are a locally owned and operated, licensed and insured team of professionals who are dedicated to the success of each and every assignment.
