Prevailing perceptions exists that there are vast U.S. federal and state laws and statutes covering the use of video surveillance equipment and the recordings those systems create. In reality, there are actually a limited number of known laws or statutes on video surveillance.
A contributing factor to the seemingly few video surveillance usage statutes stems from the overarching Fourth Amendment to the U.S. Constitution that covers unlawful search and seizures.
Fourth Amendment To The U.S. Constitution:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The precedent of the Fourth Amendment has become: “A reasonable expectation of privacy exists if 1) you actually expect privacy, and 2) your expectation is one that society as a whole would think is legitimate.” Katz v. United States
In the United States, the question of the legality of public surveillance was effectively settled in United States vs. Knotts, in which the United States Supreme Court considered the legality of tracking a car’s movements with an electronic beeper. In its Opinion, the Court concluded that “a person traveling… on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.” United States v. Knotts, 460 U.S. 276, 281 (1983).
Some recent statutes in Florida, Texas, Washington, and others focus on video voyeurism and not on the more common use of video surveillance systems and their recording capabilities.
Some of the known laws that have been enacted are listed below:
U.S. Federal
18 U.S.C. CHAPTER 119—WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
California:
City of El Cerrito:
Ordinace 2007-06 Chapter 6-90 Video Surveillance Systems
— Key Provisions: Video surveillance systems shall be maintained in proper working order at all times and shall be in operation 24 hours a day 7 days a week and shall meet the minimum technological standards; The establishment shall retain the continuous digital images recorded by this system for no less than thirty 30 days.
Florida:
Statewide
810.145 Video voyeurism.
— Key Provisions: This section does not apply to any: (a) Law enforcement agency conducting surveillance for a law enforcement purpose; (b) Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises;
Georgia:
O.C.G.A. § 16–11–62(2) makes it unlawful for any person “to observe, photograph, or record the activities of another which occur in any private place and out of public view” without consent. Therefore, in Georgia you cannot use videotapes/pictures of conduct that occurred in a private place and out of public view as evidence, even if the videotapes were made in your own home.
New York:
New York City
Law on digital video surveillance cameras for cabarets (§ 20-360.2 of the New York City Administrative Code).
— Key Provisions: video surveillance cameras shall record at a minimum speed of fifteen frames per second;
video surveillance cameras shall not have an audio capability;
pursuant to this section shall be indexed by dates and times and preserved for a minimum of thirty days.
White Plains
City Municipal Code: Chapter 4-25
Requiring Certain Establishments To Install Video Camera Systems
— Key provisions: Specific business establishments, especially those that conduct cash transactions, are required to have video camera systems;
8FPS; 7-day retention; 15 feet coverage of exit and entrances;
Qatar:
Documentation for various establishments with video surveillance requirements
— Hotels and residential complexes;
— Banks and Exchange Shops;
— Clubs, Sports Venues and Cultural Centers;
— Warehouses and Hazardous Material Storage Areas;
— Hospitals and Clinics;
— Shopping and Entertainment Centers;
All cameras must be Megapixel IP, tamper and vandal proof and the system must store all recordings for a minimum for 120 days in MPEG-4 or H.264 format or better. Other key required features:
— WDR, auto-iris and analytics required.
— Infrared cameras must be used in dark areas.
— Recordings require an audit trail.
— Operators are prohibited from monitoring more than nine cameras on a monitor and limited to eight hour shifts.
— The systems must have a minimum of one hour back up power.
— Systems must be secure with “the latest” encryption without impacting video quality
— The system must have service agreements in place for cleaning, repair, maintenance, upgrades, and fitness checks.
Spain:
Spain’s Strict Limitations on Video Surveillance
— Key Provisions: In Spain, the video surveillance files can be stored for a maximum of one month, unless data are needed for purposes of criminal or administrative investigations.
If you know of others, please let us know at
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