Pet Sitters & Security Cameras
Pet sitters, are you being watched?
Beth Stultz, PSI
This article was first published in the Jul/Aug 2018 issue of Pet Sitter's World.
The legalities of in-home surveillance
It is legal to use in-home surveillance cameras in all 50 U.S. states, which means pet parents can legally record you without your consent. Some states do have provisions in place that limit the use of surveillance cameras in private areas. In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota and Utah, the installation or use of any devise for photographing, monitoring, etc. in private areas without the permission of the individual(s) being photographed or observed is prohibited. “Private areas” are ones where someone would reasonably expect to be safe from surveillance, such as the bathroom.
Other states also have speech laws with provisions against audio recordings. In California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania or Washington, home owners must notify services providers (such as nannies and pet sitters) if they have a camera that records both audio and video. Not only could home owners be prosecuted for violating this law, but any evidence of misconduct on the tape could be inadmissible during legal proceedings.
In Canada, surveillance cameras are also typically legal—barring recording of private areas—but it’s important to review the laws in your providence/territory. Additional information on the legalities of covertly using these types of cameras can be obtained by contacting the office of the Privacy Commissioner of Canada (www.priv.gc.ca).
Developing your policy on clients with cameras
“Always act as if you are on camera” is common advice given to new professional pet sitters, and an informal poll of members in PSI’s private Facebook group found that most members have no issues offering pet-sitting services in homes with surveillance cameras. However, pet sitters prefer to know in advance if there are cameras in the home—and want to ensure private spaces are not being recorded.
The Pet-Sitting Service Contract available through PSI asks about the presence of security cameras in the home, along with the camera locations, in the “Home-Care Information” section following questions about thermostat settings and security alarm instructions. This gives pet sitters an opportunity to ask about the presence of cameras as part of their routine client questions at the initial consultation.
Julie Wood, owner of Every Critter Sitter in California, says she doesn’t specifically ask clients but does quote the penal code regarding recording voice in her contract and requires clients to sign that they are aware of the code and will not have cameras where privacy is expected (i.e., restroom and bedroom). “My concern is when overnighting and making reservations for others (asking for dates, address, etc.). You never know who a client may ask to help review footage [and would hear the information of the other clients],” Wood explains.
Juliet Rosenthal, owner of Boulder Pet Care in Colorado, has had some uncomfortable situations with cameras and does have a clause in her contract that states they are not allowed. However, she says she’s always willing to amend the contract if a client asks about it and shows her where the cameras are located.
On the other hand, some pet sitters indicate they actual prefer clients to have cameras. Dawn Smith, co-owner of Rover and Beyond Pet Sitting, LLC, in Texas, says she prefers cameras because “there can never be a question of impropriety on my part.”
There’s no one size fits all approach when it comes to handling clients with surveillance cameras, but you should understand your local laws, determine what you are comfortable with and make sure clients are aware of any policy regarding cameras your business may have.
Sources:
https://www.robertreeveslaw.com/blog/nanny-cams/
https://www.rcfp.org/first-amendment-handbook/introduction-recording-state-hidden-camera-statutes
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