Editor’s note: This column was written by Christine Taylor, a Principal Partner at The Towne Law Firm, P.C. in the firm’s Albany, New York, office, who focuses her practice in the areas of Hospitality Law, Business Law, Labor and Employment Law, Real Estate Law, Trusts and Estate Law and Litigation. Park owners can email info@townelaw.com for a chance to have their questions answered in future columns.
Can I use cameras to record my playground and pool?
Generally, you can put security cameras in places where there would not be a reasonable expectation of privacy (such as a bathroom) — you can have these cameras without getting a photo release. Some states require a “knowledge” requirement such as posting a sign in the area being filmed or some other way to notify the person that they are being recorded. Even if your state does not possess a knowledge requirement, it is usually good practice to post a sign like “smile you’re on camera.” Why? It can act as a deterrent for the behavior that caused you to put up the sign in the first place.
As of the current date, I cannot readily find anything in the law that discusses the monitor placement (such as the TVs showing the feed from the recorded area). However, in general practice, it is okay for them to be behind a desk where other people can see, instead of sequestered in some kind of “Security booth.” The most frequent avenue in which legal conversations come up regarding access to the monitor is when discussing possible tampering of footage when trying to use it to prove something.
Lastly, if you are recording footage of these areas and something happens — injury or otherwise, do note that it is likely that the injured person, in the event of a lawsuit, would request that footage. Under no circumstances should you destroy that footage as you can harm your defense due to “spoliation of evidence,” which could ultimately cause the court to allow a jury to draw a negative inference about why you must have deleted the evidence.
