Talks On N.Y. Video Surveillance Bill?
By Daniel Hays
NU Online News Service, Aug. 16, 12:20 p.m. EST?A New York State senator who has introduced legislation regarding videotaping and privacy would be happy to hold discussions with insurers who fear the bill could hamper efforts to investigate insurance fraud, his staff said.
"If they have suggestions or concerns, my boss and I would love to hear about them," commented Kirk Ives, legislative director for Sen. Carl Marcellino, R- Syosset.
His comments came in the wake of fears expressed by the Alliance of American Insurers of Downers Grove, Ill. that a bill Sen. Marcellino sponsored to set limits on "video voyeurism" could inadvertently hamper insurance investigators use of video surveillance.
The measure (SB 7837) makes it unlawful to knowingly photograph, film or videotape another person without that person's knowledge and consent, while that person is in a place where there would be a reasonable expectation of privacy.
"While the bill exempts activities of a 'legitimate nature,' it doesn't define what 'legitimate nature' is, and therefore doesn't expressly protect the activities of insurers combating insurance fraud," said Kirk Hansen, director of claims for the Alliance.
He said the bill also fails to spell out well enough what a reasonable expectation of privacy involves. "It's not artfully worded," said Mr. Hansen, who added that it would inevitably lead to a lawsuit against an investigator unless it provided an exemption for legitimate surveillance activity. The Alliance does not disagree with the concept of preventing camera use for voyeurism and filming for pornographic purposes, he said.
Mr. Ives explained that the bill, which must be refiled for the session that gets underway next January, was put in at the request of Gov. George Pataki. The senator, he explained has his own legislation in this area that he has been attempting to pass for some time.
The bill is aimed, said Mr. Ives, at preventing camera use and sale of illicit videotapes by peeping Toms or landlords who secrete cameras to film intimate images of persons without their knowledge. The senator's measure (S392) is much more specific and includes exemptions for legitimate activity, he noted. Although past sessions have seen the bill approved by the Senate, it has stalled in the Assembly, where legislators want a tiered set of penalties instead of language in the bill that makes surreptitious taping a felony.
Mr. Ives stressed that the Senator was not trying to hurt investigative efforts with his measure, explaining that, "it's the perverts we're going after."
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