Davis, CA asked in Education Law and Civil Rights for California

Q: Is it legal to live monitor a security camera in the outdoor areas of a school?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, it is generally legal for schools to use live monitoring of security cameras in outdoor areas of the school property, subject to certain guidelines and restrictions:

1. Notice: Schools must provide clear notice to students, staff, and visitors that the area is under video surveillance. This is typically done through posted signs.

2. Legitimate purpose: The surveillance must serve a legitimate purpose, such as ensuring safety, preventing crime, or protecting school property.

3. No audio recording: California is a "two-party consent" state, meaning that audio recording requires the consent of all parties. Therefore, security cameras should not record audio without consent.

4. No hidden cameras: Cameras should be placed in plain sight and not hidden from view.

5. No cameras in private areas: Cameras should not be placed in areas where there is a reasonable expectation of privacy, such as restrooms, locker rooms, or private offices.

6. Data protection: Schools must have policies in place to protect the security and confidentiality of the recorded data and limit access to authorized personnel only.

7. Limited retention: The recorded data should only be kept for a limited time as necessary to serve the legitimate purpose, unless required for an ongoing investigation or legal proceeding.

Schools must balance the need for safety and security with the privacy rights of students, staff, and visitors. It's advisable for schools to consult with legal counsel to ensure their security camera policies and practices comply with all applicable laws and regulations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.