Whether securing a home or a business, installing surveillance cameras provides some of the most powerful security available. Cameras record footage that you can use to solve any crime on your property. Often, surveillance systems even help you catch shady activity before it turns into something worse, such as a break-in. Additionally, the presence of cameras itself can act as a powerful deterrent. After all, thieves spotting cameras often choose another target for their crimes. However, you need to make sure to pay attention to some important guidelines when installing this equipment. Many people accidentally run afoul of the law when trying to add the security provided by a surveillance system. In this post, we share some valuable information to help you with avoiding illegal camera installation tactics.
First, we’ll detail the qualifications we must have to professionally install cameras. If you skip out on a professional installation, you may run into several issues worth examining. Then, we’ll shift our focus to the use of fake cameras, as well as why that can create legal problems for people who use them to deter crime. From there, we’ll explain the dangers of installing cameras that record sound as well as video. While a popular security measure around the country, in Massachusetts we strongly recommend avoiding adding audio recording to your surveillance. Finally, we’ll explain how to avoid issues based on what your cameras let you see. Now, let’s dive in with a look at the importance of working with a professional security company to install surveillance!
Working with Professionals to Install Your Cameras
Over our 36-plus years in business, we’ve helped well over a thousand people design and execute complete security plans. We have a lot to offer potential customers who choose to work with us. For starters, we have the proper licenses to complete camera work. Any company in the security industry needs to obtain the proper contractors’ license. In Massachusetts, security contractors require an “S” license to operate. Per the commonwealth’s Department of Public Safety: “In addition to an electrical license, anyone who wishes to engage in the business of installing, repairing, maintaining, or selling any Security Systems, CCTV/Surveillance Systems, Access Control Systems, or Door Entry Systems must obtain an S-license from the Department of Public Safety.”
Working with a professional security company to install cameras ensures that your installation will meet all local laws and electrical codes.
In additional to holding this license, we also go through the proper channels when installing cameras. Namely, we pull permits before beginning any electrical work. Upon completing a project, we can also walk through the site with town or city inspectors. Taking these steps ensures you that we’ve completed the work safely and correctly, within the framework of all building and electrical codes. For these reasons, working with a company like ourselves represents one of our most important tips for avoiding illegal camera installation tactics. Now, let’s look at a common security measure some people take that can lead to trouble.
Trying to Use Fake Cameras to Deter Crime
In our post answering the question “Do Fake Security Cameras Deter Criminals?” we discussed some of the dangers of installing dummy cameras. Most criminals know the differences between real and fake cameras, which makes them largely ineffective. Additionally, installing these cameras can also put people in hot water from a legal standpoint. As attorney Ken Kirschenbaum points out in this correspondence captured on Security Info Watch, “A false sense of security relied upon by another who has a right to rely on that security may very well expose a party responsible for security.”
If you have cameras that others rely on for security, you can face consequences if a crime occurs. For example, victims of a crime may ask for footage to give to the authorities. Upon revealing that you’ve installed fake cameras, you could face potential legal action. This scenario is more likely in a commercial setting then in your home. After all, guests to your home do not generally have reason to hold you accountable for their security. However, in some scenarios those working in or around your home may see fake cameras and count on the security that cameras provide. In these instances, foregoing true surveillance for fake cameras could land you in trouble. Now, let’s explain why you should avoid setting up audio-capturing devices on your property.
Utilizing Cameras That Record Audio
In many states, audio recording requires “single party consent.” This means that as long as one party knows about the recording of a conversation, the recording process itself remains legal. This allows customers to place cameras with audio recording equipment on their property without any legal ramifications. While many of the states have laws and acts that further define how this recording may take place, surveillance customers can generally find a legal way to record audio in these states.
On the other hand, Massachusetts has an “all party consent” policy. This means that every party being recorded needs to explicitly consent to this recording taking place. Of course, when it comes to installing cameras, you’d find it simply impossible to make this happen. After all, cameras capturing both audio and video record at all times. There is no practical way for everyone that enters your property — or comes near enough for surveillance microphones to pick them up — to give you permission to record them. For this reason, we simply define installing audio-capturing surveillance in our state as an illegal practice. Next up, let’s examine Massachusetts privacy laws, and how you can go about avoiding illegal camera installation tactics in this important area.
Issues with Your Cameras’ Field of Vision
Massachusetts has a very specific law against interfering with the privacy of others. Section 1B of Chapter 214 in Title 1, Part 3 of Massachusetts General Law (much more easily cited as “The Massachusetts Privacy Act”) is most often cited in instances in which someone claims a breach of privacy. According to the law — which you can read in full here — “A person shall have a right against unreasonable, substantial or serious interference with his privacy.” Of course, as with most laws, this leaves plenty of room for interpretation and gray areas. Therefore, in this section we’ll explain how we avoid camera installation issues that come from careless camera placement. Let’s begin with a look at some best practices for indoor camera installation before shifting our attention to installing exterior cameras.
Indoor Cameras
When we install interior cameras, we certainly avoid installing cameras in any bathrooms at all. Whether in a home or business, people certainly expect privacy in these areas. When it comes to commercial spaces, locker rooms or changing areas of stores also represent camera-free zones. On the residential side, we also try to avoid placing cameras inside bedrooms, or any room commonly used for sleeping. Finally, we also recommend staying away from “hidden” cameras in a home. If a guest at your home finds out that they have been recorded while they did not expect it, this could lead to issues based on an interpretation of the Privacy Act. Instead, we recommend a visible surveillance presence in appropriate areas. Next up, let’s see how we avoid privacy-related issues when we install outdoor cameras.
If your cameras see above a neighboring fence or through any windows, you could be found in violation of privacy regulations.
Outdoor Cameras
Exterior cameras provide plenty of opportunities for installation mishaps that we attempt to avoid. For starters, many people believe that cameras should never provide a view onto another property. However, as long as the cameras are installed in places where anyone would have a clear view of another property, we’re generally in the clear. This may include seeing the street, as well as into neighboring plots of lands or other peoples’ yards.
However, especially in residential settings, we recommend discussing your plans with your neighbors to make sure they approve of your cameras’ views. In some cases, we even have customers’ neighbors stop by after we install surveillance to view what the cameras can “see.” This ensures that they know which parts of their property might be visible and do not object to it. In cases where cameras see over a fence or into a neighbor’s windows, we always need to adjust the view. After all, people expect privacy within a fenced-in yard, and they certainly expect privacy within their homes. Therefore, we take great pains to make sure we avoid peeking into these areas your neighbors’ properties.
Putting it All Together and Avoiding Illegal Camera Installation Tactics
We hope that this post assists your efforts in avoiding illegal camera installation tactics. Of course, we encourage you to contact us with any questions this post may raise for you. Installing cameras represents one of the most effective and important security measures you can undertake. In our 36 years of business, we’ve helped hundreds of customers design and implement effective and efficient surveillance systems. If you’re wondering how surveillance might benefit your own home or business security, feel free to have us out for a security audit. We provide security walkthroughs and equipment quotes absolutely free of charge. Together, we can design a system of cameras to make your property — and everyone on it — as safe and secure as possible!