8/08
542 South Prairie Street • Bethalto, IL 62010 • Office: 618.377.2654 Fax: 618.377-1320
R.F. TECHNOLOGIES, INC.
DIGITAL SURVEILLANCE SYSTEM (DSS)
LEGAL DISCLAIMER
United States Codes, Title 18, Section 2510 (2) states: “Oral communication means
any “oral communication” uttered by a person exhibiting an expectation that such
communication is not subject to interception under circumstances justifying such
expectation.” By definition of the code section, a person cannot have an expectation of
privacy, nor can he or she expect that communication will not be intercepted, if there are
public signs posted, indicating that the communication is being monitored. The First
Amendment of the Constitution provides that any conversation between individuals is
private, unless otherwise notified.
In simple terms, this means that ANY overhearing or recording of a conversation is
illegal ...
unless both parties are aware that it is being done
. In order to comply with
the law, R.F. Technologies, Inc. notifies all customers that a disclaimer stating, “
AUDIO
MONITORING ON THESE PREMISES
.” MUST be affixed, IN PLAIN VIEW, to all
entrances where microphones are installed. It is suggested that you notify your customer
at the time that you install (or sell) the equipment that
DISCLAIMERS MUST BE IN PLAIN
VIEW AT ALL ENTRANCES AND EXITS
.
In that some state laws may vary, it is further suggested that you consult with your
local attorney, and become fully aware of the local laws in this regard. R.F. Technologies,
Inc. will not be held responsible for any illegal actions committed by illegitimate use of
audio/video recording equipment.
LEGAL ISSUES: Regarding Audio Surveillance
In general, most video recordings are legal in the U.S. with or without consent.
Laws do exist regarding “Invasion of Privacy” which deal with the area of expected
privacy. These include areas such as bathrooms, locker rooms, changing/dressing
rooms, adult bedrooms, and other areas where a person should expect a high level of
personal privacy. While the majority of laws dealing with video recording privacy issues
tend to allow surreptitious recording and monitoring of video activity under most
circumstances without notification of any of the parties involved,
it is highly
recommended that you consult with your local or state law enforcement or an
attorney who specializes in this area to comply with all local laws and regulations
prior to utilization of video surveillance and monitoring
. It is also advised that
notice/disclaimer of “Video Surveillance on These Premises,” be prominently displayed in
public areas.
LEGAL OVERVIEW: Surveillance & Recording
www.bigdogsurveillance.com