Remote doormen: No jacket required for RMR, but mind your data
Does anyone remember Carlton, the heard-but-never-seen doorman from the forgettable ’70s sitcom “Rhoda”? Little did anyone realize it, but the character was destined to become a model for RMR more than 30 years later: a remote gatekeeper providing access without the need for actual flesh and blood at the doorway.
Carlton and his real-life colleagues have increasingly given way to remote doorman service, with access granted after audio and video review by a central station operator. Depending on the technology that has been installed, the operator can also escort a person through the building after allowing entry. It’s typically safer and cheaper than a 24/7 doorman, and it negates the need for mindless chitchat.
The problem lies in the recording of the encounter, or more specifically what can happen to the data after the encounter. A security company generating RMR from a remote doorman needs to know what regulations are in place to govern the surveillance and what can happen if they don’t meet the letter of the law.
Industry attorney Ken Kirschenbaum took on the topic in a recent online missive that serves as an effective primer for anyone looking to dip into this stream of revenue. Here’s a bit of what he had to say:
The service necessarily has to be concerned with state video and audio laws. Video laws vary; some are rooted in voyeurism laws and others refer to using another’s picture for commercial gain. Audio laws are more similar and are either one-party consent or all-party consent.
“As with any video or audio system or services, you run the risk of misuse. You also can’t escape the likelihood that other non-consenting people may be in the range of the equipment. For example, while escorting the mailman or the pizza delivery guy in the building, the operator may pick up video or audio of a tenant or others in the corridors or lobby. While the mailman may understand that he is talking with an operator who can see him on video, others [who] may be picked up and recorded are not so advised, and in any event have not consented.
“The real problem is not in the listening or recording, but in the improper use of the data. If data is not disclosed to anyone, then no one is the wiser. It's when the data [becomes] public or it is used for an improper purpose—such as blackmail—that you need to be concerned with violation of the video and audio laws and the consequences that flow from such improper conduct.
For more information on the audio and video laws that could affect your company, click here.