CCTV
TECHNOLOGY AND
PRIVACY
CONCERNS
Susan F. Brinkley, Ph.D.
University of Tampa
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
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
Advantages of the British Model
Before cameras are Cameras are
deployed, the public controlled by the
is consulted. police, local
Frequent town authorities and
meetings private contractors
Privacy concerns dealt Clear policy and
with procedures that are
Citizens can visit approved by the
control rooms at will Home Office
The American Model
Use of CCTV There is a need for
technology by law standardized policies
enforcement in the dealing with:
US has not always Storage
been well received Use of the images
Little involvement of Chain of command
the community prior Digital image issues
to deployment Use & reuse of tapes
Citizens left to Access to control
respond after the rooms
technology is up Public access
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)
NEW TECHNOLOGIES
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
Radio Frequency Identification – used for
everything from tracking inventory to
putting it under the skin of a person to
identify any medical problems
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
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
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
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
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)
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
Considerations for invasion of
privacy claims
The degree of the intrusion
The context of that intrusion
Circumstances surrounding the intrusion
Intruder’s 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
Considerations for invasion of
privacy claims
The degree of the intrusion
The context of that intrusion
Circumstances surrounding the intrusion
Intruder’s 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