Is Your CCTV System Legal?

By Michael Russell

It's a given. Almost every store has a Closed Circuit Television system, more commonly known as a CCTV system. With plummeting equipment prices, even Mom & Pop shops are keeping a watchful eye now. And if you don't have a CCTV system, you've probably thought about getting one. After all, you've worked hard and you want to protect your investment. But have you thought about the legal issues involved with video surveillance?

Now before you go and rip your cameras down, relax. In the United States, retailers are generally allowed to use video surveillance, whether or not their customers and employees are aware they are being watched. It's not a bad idea to put up a sign letting people know that the store is under video surveillance. First, it's a good deterrent to theft. Second, no one could say they didn't know they were being videotaped. An even better idea is to have a video monitor showing some of the camera shots so people don't think you're bluffing. And hey, the kids who come into your store will have fun seeing themselves on TV.

Recording audio, whether it is a part of a video or not, can put you into a questionable legal arena. If you run into a situation, such as employee theft or a personnel issue where you need to present evidence in court, it may be thrown out if you have recorded audio without the consent of the people involved. As with the videotaping, you can let people know their conversations may be recorded by posting a sign. Just remember; this may put off some customers, but if you believe there is a high risk of robbery, it can be a valuable tool.

There are some other things to avoid when using video surveillance to protect your business. If there is an expectation of privacy, you can't have cameras in those areas. For instance, if you need to record an office, make sure that you let your employees know that they must not change in there. If there is an issue, then that area will be off limits because your employees will expect privacy. You never want to have a camera in a bathroom or a dressing room. Hopefully, the reasons are obvious. You can place cameras directly outside of these areas, but make sure they can't see into them.

Now with all of this said, here is the obligatory disclaimer. You're going to want to check with local and state authorities to make sure you are complying with the laws where your store is. Some good resources for finding this information are the police department, public libraries and government websites. If you have any questions about the information you find (and let's face it, laws are usually very hard to understand), you should consult an attorney.

So go ahead! Protect your investment, your employees and your customers. Just make sure you're following the laws regarding surveillance. Don't tape private bathrooms and dressing areas. Turn off the microphone unless you let everyone know you are recording his or her conversations. And who knows? You may find some interesting clips for one of those funny video shows.

Michael Russell Your Independent guide to Surveillance

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