Establishes a private right of action for owners and tenants of residential premises against person video taping recreational activities upon such premises

BILL NUMBER:S7111

Title of bill

An act to amend the civil rights law, in relation to establishing private right of action for unwarranted video imaging of residential premises

Purpose

The purpose of this legislation is to establish a right of action for damages from the unauthorized invasion of privacy by video surveillance of an individual's recreational activities which occur in their own backyard.

Summary of provisions

Section one adds a new section to create the right to sue for damages for the unauthorized video imaging of a residential premises. A person is guilty of this action if he or she intentionally uses or installs, or permits to be, used, or installed, a video imaging system that allows the unwarranted video imaging of an adjoining residential property owner's backyard premise without the property owner's written consent.

Section two provides the date that the act shall take effect.

Justification

Many people believe they are entitled to a certain amount of privacy in the backyard of their own home. Although a homeowner may feel uncomfortable with a neighbor videotaping the area surrounding their homes, little or nothing can be done to prevent this from occurring. Penal Law Sections 250.40 et seq. only establishes a criminal penalties for unlawful video surveillance when the videotaping occurs in a setting with a "reasonable expectation of privacy" (i.e. a bathroom or changing room), or if a perpetrator had to trespass on property to videotape or install a camera. An adjoining property owner is in a unique position to directly record a neighbor's backyard activities. When this surveillance is direct and continuous through a camera placed in such a way as to allow direct viewing of these activities, and is done over the objection of the resident, it can constitute an unwarranted and threatening intrusion which forces an individual to forgo the benefits associated with having a backyard.

Current law in New York contains no restrictions to control videotaping which monitors a neighbor's back yard where recreational activities occur, such as children playing, people swimming and Sunbathing, or playing recreational sports such as football or basketball. In at least one instance, a family has been subject to undue stress and concern for their young children's safety when they are subject to constant camera surveillance while swimming or sunbathing in their own backyard by an adjoining neighbor who is also a registered sex offender. However,

because New York State law provides no protection from unwarranted and potentially dangerous video observation and recording, there is little that can be done to prevent this unnerving intrusion. This legislation would help to ensure that the rights of adjoining landowners are subordinate to the rights of individuals who wish to enjoy backyard recreational activities with a certain expectation of privacy. Owners who do not care about their neighbor's video imaging can authorize such observation via written consent. No right of privacy is afforded when the imaging is done by a law enforcement officer in the course of their official duties.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law and shall apply to acts occurring on or after such date.