Public Camera Laws
- Security cameras are regulated by both federal and state laws.Riou/Pixland/Getty Images
Cameras are used to capture images for a variety of reasons. Many places of business use security cameras as a way to protect their inventory from theft. Law enforcement officials sometimes call upon security cameras from businesses when they are in pursuit of a suspect. A few laws are in place for public cameras, and business and home owners should keep them in mind while recording occurrences through a camera lens. - The U.S. Constitution makes little mention of a right to privacy in terms of public places. There are few, if any, federal regulations regarding the right to use security cameras in the workplace unless stated otherwise in the employee contract. No privacy issue is raised because many businesses use the camera footage as a measure for safety precautions.
- The National Labor Relations Board allows hidden cameras in the workplace if the company bargains with the union before the cameras are installed. Companies should be aware of this law and the ramifications if it is not followed correctly. In July 2005, the U.S. Court of Appeals upheld a decision that Anheuser-Busch committed an unfair labor practice when it installed hidden cameras before bargaining with the union. As a result of the footage, the company fired five workers who were seen smoking marijuana in an employee break area.
- Many states have implemented regulations that prohibit security cameras and hidden cameras in private places. Most of these laws protect a person's right to privacy in their own homes. These places include public areas where people expect to be safe from unauthorized surveillance, like a restroom or locker room. Other states have laws with minimal regulation to monitor security cameras in public places. Before installing a hidden camera, it is wise to consult with your lawyer to ensure you are in compliance with your state's laws.
- Automated enforcement, also known as red light camera, captures images of traffic violations like speeding. These cameras have been allowed by 23 states and the District of Columbia. Some of these state laws require a law enforcement officer to be present; others leave it up to local ordinances to carry out the enforcement. In most states, the registered owner of the vehicle caught committing the offense is given the citation.
- Security cameras that record sound will be handled under the state's wiretapping legislations. States vary on consent to taped conversations. For example, in Illinois and Pennsylvania all parties must give permission for a private conversation to be recorded. Others, like Kentucky and Idaho, only require one party to consent. Undercover recording in a private place can prompt civil litigation for invasion of privacy. Penalties for violating could include jail time and fines in criminal court.
Federal Laws
Unions
State Laws
Traffic Cameras
Security Cameras With Sound
Source...