More and more customers are asking for CCTV systems with audio recording capability. This combination of video and audio recording raises issues under both Federal and State Wiretapping Laws that may make it unlawful to record conversations without the consent of one or more of the persons being recorded. We recommend you have a clause in your contract making it clear that it is the sole and exclusive duty and responsibility of the customer to assure strict compliance with all such Wiretapping Laws. Also, we recommend as best practices that you secure a signed Wire-Tap Disclosure and Waiver Form from your customer in the event you contract with a customer to sell and install a CCTV system with audio recording capability.
MICHAEL J. REVNESS, ESQ., is the founder of AlarmLegal.com, and a founding partner at the law firm of KURTZ & REVNESS, P.C. Please contact me at michael.revness@kandrlaw.com (or 610-688-2855) if I can be of assistance with the drafting security alarm contracts, a Wire-Tap Disclosure and Waiver Form, the purchase or sale of security alarm accounts or other related security industry legal services.
This article is for information purposes only and does not constitute, and should not be relied upon as, legal advice.