Artificial Intelligence gives video monitoring a secret sauce

In general, video monitoring is legal in areas where there is no “reasonable expectation of privacy” for the people in those areas. Typical public areas include streets and sidewalks, parking lots, retail businesses, offices, and other work areas.

But there are some exceptions. For example, a store that sells clothing store might install cameras to monitor, doors, display racks, and check-out areas. But most state laws forbid cameras in restrooms or changing rooms. A hotel might put cameras in the lobby or pool area, but not in guest rooms or the pool shower area.

Laws governing the use of recording devices can vary among the states and even cities or counties and some laws have different rules for cameras that are easily visible and those that are hidden. Laws in Maine, New Hampshire, Delaware, Kansas, and South Dakota require businesses to obtain the consent of anyone being filmed by a hidden camera. Some states require surveillance cameras to be clearly visible or that notices be posted stating that an area is monitored by a hidden camera.

Video monitoring is becoming increasingly common at private residences as more owners install video doorbells and “Nanny cams” to record activities in and outside their homes. Laws typically view a camera that picks up the front door of a neighbor’s house across as not an intrusion on the neighbor’s privacy. However, a camera mounted on the rear of a house that has a wide view of a neighbor’s back yard might be a different story.

Many states also treat audio differently from video. The owner of a security camera mounted near a cash register might get in legal trouble if the camera records a conversation between two people waiting in line. Several states also require the consent of at least one party for a conversation to be recorded and some states require the consent of all parties.

Security consultants and surveillance system providers generally advise clients to follow a policy of openness and transparency when they install a video monitoring system. Telling employees or the general public that they might be recorded if they enter a building or work area gives them fair warning. And while laws give employers wide latitude in monitoring their employees, sharing the details behind a video system, such as when, where, and how employees are being watched, can help get them on board with the idea and serve as a deterrent to bad behavior.

And most employees understand that electronic monitoring comes with doing business in the modern world. That’s what they acknowledged in a 2018 survey [ https://www.dtexsystems.com/press/harris-poll-finds-that-americans-support-employee-digital-monitoring-programs-built-on-transparency-trust-and-privacy/ ] conducted by the Harris Poll and Dtex Systems. That survey found that 64% of Americans believe that employers have the right to monitor employees' digital activities so long as they let employees know upfront that it is taking place.

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Sign photo credit: Jewel Tolentino