CCTV TECHNOLOGY AND PRIVACY CONCERNS

1
CCTV TECHNOLOGY AND PRIVACY CONCERNS

• Susan F. Brinkley, Ph.D.
• University of Tampa

2
Short History of CCTV as a Surveillance Tool

• Early use in the U.S.
• Retail Establishments
• Banks and ATMs
• Casinos
• Hotel lobbies
• Use in these areas was well received by the
  public

3
Recent success of CCTV

• CCTV cameras assisted the British police in
  identifying the bombers this summer in London
• The identification was after the fact
• Difficulty in identifying suspects before a
  terrorist act
• Facial recognition technology not advanced enough
  to pick someone out of a crowd

4
Advantages of the British Model

• Before cameras are deployed, the public is
  consulted.
• Frequent town meetings
• Privacy concerns dealt with
• Citizens can visit control rooms at will

• Cameras are controlled by the police, local
  authorities and private contractors
• Clear policy and procedures that are approved by
  the Home Office

5
The American Model

• Use of CCTV technology by law enforcement in the
  US has not always been well received
• Little involvement of the community prior to
  deployment
• Citizens left to respond after the technology is
  up

• There is a need for standardized policies dealing
  with
• Storage
• Use of the images
• Chain of command
• Digital image issues
• Use reuse of tapes
• Access to control rooms
• Public access

6
Examples of Current Surveillance Technology

• CCTV cameras of all types designs
• Bomb sniffers
• License plate recognition software
• Biometrics
• Fingerprints for access control
• Iris scan for access control and identification
• Facial recognition (not as accurate)

7
NEW TECHNOLOGIES

• Vein Maps used to identify people by the vein
  patterns in ones palm
• Millimeter-wave Cameras used to receive
  low-energy waves to identify weapons
• Radio Frequency Identification used for
  everything from tracking inventory to putting it
  under the skin of a person to identify any
  medical problems

8
Technology of the future

• Remote Iris Tracking could track terrorists
  from a distance by iris prints
• Ears Gaits technology would be used to
  identify people by the shape of their ears or the
  characteristics of their walk
• Odor sensors this would identify people by
  their odors since specific scents from chemicals
  are thought to be distinct for each person. It
  is also believed that this could be used for the
  identification of disease in humans
• Saliva Scans a droplet of saliva carries
  genetic markers similar to what is in the blood

9
LEGAL ISSUES

• Surveillance in the workplace
• Does the use of video surveillance by landowners
  and businesses to reduce crime fulfill their
  duty to protect
• Invasion of privacy claims
• Failure to use a video security system
  (negligence)
• Failure to protect
• Improper discretionary use targeting minorities,
  those belonging to unpopular political or social
  groups
• Use of video surveillance to replace security
  guards or officers
• Potential misuse of digital images since they are
  easily manipulated

10
Cases dealing with privacy

• Katz v. United States use of electronic
  interception of a voice in a public phone booth
  violates the expectation of privacy
• Kyllo v. United States the use of
  thermal-imaging technology into a home violates
  the expectation of privacy because the technology
  cannot go beyond what the naked eye can see
• OConnor v. Ortega there is an expectation of
  privacy in a private office at a hospital
• Vega-Rodriguez v. Puerto Rico Telephone Co.
  there is no expectation of privacy in a common
  room used by numerous employees

11
Negligence Cases

• Nebel v. Avichal Enterprises, Inc. if a
  criminal act is foreseeable and there was no
  attempt to reduce the risk, the defendant is
  liable (case involved a motel patron)
• Shoneys, Inc. v. Hudson a business in an area
  subject to crime is negligent if they use video
  surveillance to replace security personnel in
  order to save money
• Kutbi v. Thunderlion Enterprises, Inc. use of
  video surveillance that is not monitored creates
  a false sense of security rendering the defendant
  liable

12
Considerations for invasion of privacy claims

• The degree of the intrusion
• The context of that intrusion
• Circumstances surrounding the intrusion
• Intruders motives and objectives
• Setting where the intrusion takes place
• The expectations of those whose privacy is
  invaded
• Was there a breach of duty to protect

13
Considerations for invasion of privacy claims

• The degree of the intrusion
• The context of that intrusion
• Circumstances surrounding the intrusion
• Intruders motives and objectives
• Setting where the intrusion takes place
• The expectations of those whose privacy is
  invaded
• Was there a breach of duty to protect