Security Cameras and Privacy: What NY and NJ Business Owners Should Think About

Who in your business can pull up the cameras right now? Not who should be able to. Who actually can?

For a lot of owners the honest answer is: the owner, the manager, the manager before that, maybe a family member who helped set it up, and whoever has the app on an old phone. Meanwhile there is a camera in the back hallway that, if you look closely, can see straight into the employee changing area.

Cameras are one of the best tools a business has. But they record people, and that comes with responsibility. Here is how to think about it in practical terms.

Some places are simply off limits

Restrooms, locker rooms, changing areas, and similar spaces are off the table. No cameras inside them and no cameras positioned so they can see into them through an open door or gap.

The second part is where businesses get caught. Nobody installs a camera in a restroom on purpose. But a hallway camera aimed the wrong way, or one that sees through a door that gets propped open, can create the same problem. Pull up every camera view and look at the edges of the frame, not just the center.

Many camera systems let you black out part of an image, called a privacy mask. If a camera needs to cover a hallway but its view clips a doorway it should not see, a mask can block that section permanently.

The same thinking applies outside. A camera on your storefront or parking area should cover your property, not look into a neighbor's windows or a residential apartment across the street. Angle it to show what you need -- your door, your lot, your sidewalk -- and mask anything beyond that.

A good question to ask about every camera: if someone in that frame saw the footage, would they be surprised by what it shows? If the answer is yes, take a second look at the angle.

Be careful with audio

This is the one we flag most often. Lots of cameras come with a built-in microphone, and some systems turn it on by default.

Recording conversations is treated very differently from recording video, and the rules around it are stricter. Recording audio of employees or customers without proper consent can create real legal exposure.

Many businesses decide the simplest path is to leave audio off entirely. If you have a specific reason to record audio, talk to your attorney first and get their guidance before you turn it on.

Tell people cameras are there

Signs at entrances that say the premises are under video surveillance do two jobs. They set expectations for customers and visitors, and they deter people who were thinking about doing something they should not.

For employees, go further. Put it in writing: where cameras are, what they cover, that audio is or is not recorded, and how footage is used. Include it in your handbook or onboarding paperwork and have people acknowledge it.

Surprises are what cause trouble. An employee who finds out about a camera after the fact feels watched. One who was told on day one generally does not think about it again.

Decide who can watch and who can export

Footage of your business is sensitive. It shows your cash handling, your stock room, your staff, and your customers. Treat access to it like access to your bank account.

• Give each person their own login instead of sharing one account
• Limit live viewing to people who actually need it for their job
• Limit exporting or downloading footage to even fewer people
• Remove access the same day someone leaves the business
• Turn on activity logs if your system has them, so you can see who viewed or exported what

A former manager who still has the camera app on their phone is a privacy problem for your staff and customers, and a security problem for you.

Also think about where the screens are. A monitor showing every camera, mounted behind the counter where customers can see it, may be showing your stock room, your office, and your cash count to anyone in line. Live views of sensitive areas belong in the office, not the sales floor.

Sharing footage with police

At some point police may ask for footage, either because of an incident at your business or one nearby. Have a simple process ready before that happens.

• Name one or two people who handle footage requests
• Write down who asked, when, what was requested, and what was provided
• Export only the time range and cameras relevant to the request
• If you are unsure whether to provide footage, or a request seems broad, check with your attorney

Most requests are routine and most businesses are glad to help. Having a process just means it gets handled the same way every time, by someone who knows how.

A sensible way to approach it

Walk through every camera view with fresh eyes. Ask whether each camera has a clear reason to be pointed where it is. Check audio settings. Review who has logins. Put your camera policy in writing. Then bring it to your attorney for a review.

None of this takes long, and it means your camera system protects your business without creating a new problem.