Business security monitoring regulations vary across the United States. Requirements may depend on federal law, state and local laws, the type of property being monitored and whether employees or members of the public are being recorded. Here are the key principles to consider.
The principle of proportionality: You should only monitor areas that are reasonably necessary for a specific security purpose. Excessive or intrusive surveillance may create privacy and legal issues.
Informing people: Depending on the jurisdiction and the circumstances, businesses may be required to provide notice that video surveillance is in use. Clear signage can help inform employees, customers and visitors that cameras are present and explain the purpose of the system.
Sample video surveillance notice
“Video surveillance in use.
Responsible party: [Company name].
Purpose: security of people and property.
Footage retention period: [30] days.
For questions or requests regarding your personal information, contact: [department / email address].”
Employees: Employee privacy requirements vary by state and local jurisdiction. Businesses should:
- Inform employees when workplace surveillance is implemented, where required by applicable law or company policy.
- Clearly define the purpose of the surveillance and limit monitoring to legitimate business and security purposes.
- Avoid continuously monitoring employees in areas where they have a reasonable expectation of privacy.
- Never install cameras in restrooms, changing rooms or other private areas.
Customers and visitors: Clear signage at entrances and other relevant areas can inform customers and visitors that video surveillance is in use.
Data privacy and security: Businesses should also:
- comply with applicable federal, state and local privacy laws;
- maintain appropriate documentation regarding the purpose and use of the surveillance system;
- establish an appropriate footage retention period based on the business's security needs, applicable laws and company policies;
- secure access to video footage, limiting it to authorized personnel.
These requirements can sometimes be seen as a constraint. When privacy and security considerations are incorporated into the system from the design stage, they can instead help protect the business in the event of an investigation, complaint or legal dispute.