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. Early use in the U.S. Retail Establishments Retail Establishments Banks and ATMs Banks and ATMs Casinos Casinos Hotel lobbies Hotel lobbies Use in these areas was well received by the public 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 CCTV cameras assisted the British police in identifying the bombers this summer in London The identification was after the fact The identification was after the fact Difficulty in identifying suspects before a terrorist act Difficulty in identifying suspects before a terrorist act Facial recognition technology not advanced enough to pick someone out of a crowd 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. Before cameras are deployed, the public is consulted. Frequent town meetings Frequent town meetings Privacy concerns dealt with Privacy concerns dealt with Citizens can visit control rooms at will 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 Use of CCTV technology by law enforcement in the US has not always been well received Little involvement of the community prior to deployment Little involvement of the community prior to deployment Citizens left to respond after the technology is up 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 CCTV cameras of all types & designs Bomb “sniffers” Bomb “sniffers” License plate recognition software License plate recognition software Biometrics Biometrics Fingerprints for access control Fingerprints for access control Iris scan for access control and identification Iris scan for access control and identification Facial recognition (not as accurate) Facial recognition (not as accurate)

7. NEW TECHNOLOGIES Vein Maps – used to identify people by the vein patterns in one’s palm Vein Maps – used to identify people by the vein patterns in one’s palm Millimeter-wave Cameras – used to receive low-energy waves to identify weapons 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 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 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 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 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 Saliva Scans – a droplet of saliva carries genetic markers similar to what is in the blood

9. LEGAL ISSUES Surveillance in the workplace Surveillance in the workplace Does the use of video surveillance by landowners and businesses to reduce crime fulfill their “duty” to protect Does the use of video surveillance by landowners and businesses to reduce crime fulfill their “duty” to protect Invasion of privacy claims Invasion of privacy claims Failure to use a video security system (negligence) Failure to use a video security system (negligence) Failure to protect Failure to protect Improper discretionary use: targeting minorities, those belonging to unpopular political or social groups Improper discretionary use: targeting minorities, those belonging to unpopular political or social groups Use of video surveillance to replace security guards or officers Use of video surveillance to replace security guards or officers Potential misuse of digital images since they are easily manipulated 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 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 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 O’Connor v. Ortega – there is an expectation of privacy in a private office at a hospital O’Connor 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 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) 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) Shoney’s, 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 Shoney’s, 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 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 degree of the intrusion The context of that intrusion The context of that intrusion Circumstances surrounding the intrusion Circumstances surrounding the intrusion Intruder’s motives and objectives Intruder’s motives and objectives Setting where the intrusion takes place Setting where the intrusion takes place The expectations of those whose privacy is invaded The expectations of those whose privacy is invaded Was there a breach of duty to protect Was there a breach of duty to protect

13. Considerations for invasion of privacy claims The degree of the intrusion The degree of the intrusion The context of that intrusion The context of that intrusion Circumstances surrounding the intrusion Circumstances surrounding the intrusion Intruder’s motives and objectives Intruder’s motives and objectives Setting where the intrusion takes place Setting where the intrusion takes place The expectations of those whose privacy is invaded The expectations of those whose privacy is invaded Was there a breach of duty to protect Was there a breach of duty to protect