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Sample Legislation: Privacy From Electronic Devices

Privacy From Electronic Devices

Miniature cameras and mobile phones equipped with imaging devices are some of the latest tools used by high-tech Peeping Toms. Not all states have laws regulating the use of these devices in public areas. As a result, some communities are adopting legislation on video voyeurism to regulate the use of these imaging devices in places where a person has a reasonable expectation of privacy, such as health clubs and spas, sports facilities, restrooms, public showers, changing rooms, locker rooms and tanning salons. Owners of these facilities are required to post signs indicating that the use or activation of imaging devices is illegal. In another ordinances, use of electronic devices to create a photographic image or audio recording in educational buildings and municipal buildings is prohibited.

Sample Ordinances:

Suffolk County, NY: Ch. 486

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Suffolk County, NY:

 

Chapter 486
Video Voyeurism

[HISTORY: Adopted by the Suffolk County Legislature 11-19-2002 by L.L. No. 25-2002. Amendments noted where applicable.]

§ 486-1. Legislative intent.

  1. This Legislature hereby finds and determines that there have been revelations of recent incidents of spying on and recording with a video camera persons in public bathrooms and dressing rooms. 
  2. This Legislature further finds that these revelations have caused the public much concern regarding an invasion of privacy. 
  3. Therefore, the purpose of this chapter is to enforce the prohibition on the use of video cameras in bathrooms and dressing rooms in places frequented by the public, such as stores and restaurants.

§ 486-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

TWO-WAY MIRROR OR OTHER VIEWING DEVICE — A mirror, peep hole, mechanical viewing device, camera, or any other instrument or method that can be utilized to surreptitiously observe a person.

VIDEO CAMERAS — Any camera or mechanical object that will record and make videotapes.

§ 486-3. Prohibitions; enforcement.

  1. Pursuant to § 395-b(2-a) of the New York General Business Law, a person is guilty of unlawfully installing or maintaining a video recording device when, being the owner or manager of any premises, he or she knowingly permits or allows such a device to be installed or maintained in or upon such premises, for the purpose of surreptitiously recording a visual image of the interior of any fitting room, restroom, toilet, bathroom, washroom, shower, or any other room assigned to guests or patrons in a motel, hotel, or inn.

  2. Pursuant to § 395-b(2) of the New York General Business Law, a person is guilty of unlawfully installing or maintaining a two-way mirror or other viewing device when, being the owner or manager of any premises, he or she knowingly permits or allows such a device to be installed or maintained in or upon such premises, for the purpose of surreptitiously observing the interior of any fitting room, restroom, toilet, bathroom, washroom, shower, or any room assigned to guests or patrons in a motel, hotel, or inn.

  3. Any violation of Subsection A or B of this section shall constitute a violation that may be enforced by the Attorney General of the State of New York or by the appropriate attorney of any other political subdivision as shall be designated by the governing body of such political subdivision.

  4. The Suffolk County Department of Law is hereby designated as the appropriate attorney for Suffolk County to enforce Subsection A and B of this section and §§ 395b(2), 395-b(2-a), 395-b(4), and 395-b(5) of the New York General Business Law.

§ 486-4. Applicability.

  1. This chapter shall apply to any actions occurring on or after the effective date of this chapter.
  2. This chapter shall not apply to:
    1. Public correctional or custodial facilities, or public or private medical facilities which are used for the treatment of persons pursuant to medical directive; or
    2. Public or private treatment facilities which are used for the treatment of persons who are committed or are voluntarily confined to such facility or are voluntarily receiving treatment thereat; or
    3. Facilities operated by any federal, state, or local law enforcement agency; or

       

    4. Private dwellings.

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