Legal Question in Technology Law in Massachusetts
Video Monitoring
A condo owner purchased an external surveillance camera and decided to mount it on a common area light pole. The monitor will be located in his unit where he will be taping and viewing the comings and goings of people in the parking lot in hopes of catching the vandal(s).The board of trustees told him in writing not to proceed until further investigation took place. He then found a place to mount the camera that is actually off the property limits, but he will still be able to monitor and tape the activity in the parking lot.
My specific question: Is it necessary for signs to be posted notifying residents that they are being videotaped by one of the owners? Is there any legal basis for prohibiting him from doing this type of surveillance for personal gain on private property? Many of us feel that our 4th amendment rights are being violated. I recognize that the entire issue of video surveillance is extremely controversial, but we need to determine how best to proceed.
1 Answer from Attorneys
Re: Video Monitoring
It's a public place. I am not a MA lawyer, but doubt that any law would prohibit videotaping a parking lot, particularly where the one videotaping is the owner and is doing it for security. Now, if the videotapes are publicized, then there might be something to complain about.