Surveillance system put in Shelby clerk’s office raises troubling questions

Editor:

Big Brother has arrived in Shelby. The Town Supervisor’s new surveillance system in the Town Clerk’s office, complete with audio recording, is not just a watchful eye—it’s a listening ear too.

The installation of a surveillance camera with microphone in a government building, such as the situation in Shelby’s clerk’s office, raises several legal and ethical considerations.

Under New York law, video recording in public areas of government buildings is generally permissible, especially if notices are posted and the cameras are overt. However, audio recording introduces more complex legal issues.

New York is a one-party consent state for audio recordings, meaning that at least one party involved in a conversation must consent to being recorded. This rule applies unless the conversation occurs in an environment where there is no reasonable expectation of privacy​.

The installation of a surveillance system with a microphone targeting a specific department, such as the Town Clerk’s office, could raise concerns about selective monitoring and potential privacy violations, especially if other departments are not similarly monitored.

Such actions may also be seen as targeting a specific individual or department, which could raise ethical questions and potentially lead to legal scrutiny if the surveillance is deemed to violate reasonable expectations of privacy or is used for purposes other than security.

While the Town Supervisor may have the legal authority to install additional surveillance cameras, including those with microphones, the decision to do so should be carefully considered in light of privacy concerns, legal implications, and the perception of fairness and equal treatment among government departments and employees.

Shrouded in secrecy, the supervisor’s decision to install a surveillance system with audio capabilities in the Town Clerk’s office was not only done without the knowledge of the employees and residents but also without any immediate disclosure to those it directly impacts.

Andina Barone

Mindful Media Group

New York, New York