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.