Spies Online E-mail Newsletter http://www.spiesonline.net Issue #2, March 7, 1998 Feature Article: Dressing Room Surveillance by: Joanne Waldron I have often heard rumors about dressing rooms being monitored by security guards. Since many private investigators often start out as security guards, I polled them to get their viewpoints on this situation. Their responses are recorded below: "Past experience working for Loss Prevention Dept. in Major Chains, it is illegal to place pinhole or surveillance cameras in changing room areas. It is much the same as placing such equipment in a restroom. Anywhere outside those areas are fair game as well as catwalks or double sided mirrors. One effective technique was to place double sided mirrors in a corner area near the entrance of the changing area, in an 'L' shape. This covered two directions at once and greatly improved the viewing area of the officer. As an aside, I'm interested in becoming a private investigator myself. I will complete my degree in Criminal Justice by Spring of '99, and have several years in both uniformed and plain clothes security." Tim, future investigator "The best method to prevent theft of the clothing would be to install an electronic alarm system. I'm not into the technological aspect of the business. But i have seen and heard about the detection strips or attachments on clothes that will set off an alarm at the door if the device is not removed by the cashier." Ron, Palm Beach "I didn't see it, but an associate tells of watching one of the recent "expose" shows on video security and said there was a piece on one of the major discount retailers. It claimed they used cameras in dressing rooms, and met the "reasonable expectation of privacy" rule by putting decals on the store entrances saying anybody is subject to observation by security cameras." Ed, Nashville "About 20 years ago I worked security in a large department store. We had peep holes in the woman's dressing room, and our female security people would go in and watch the customers. I was never involved in this, but now that I think about it it really shocks the conscience. Whether one is allowed to do this probably depends on the state. I personally would not do this type of surveillance in a dressing room. If a store has a problem they can develop an external security system that would have them count the garments going in and coming out." Delbert, Maryland "Having worked many years in Retail Loss Prevention it is my experience that this is a major no-no! It is lawsuit waiting to happen. Years ago this type of thing would go on, but you can't get away with it now. I am sure that some pervert Agents still are peeping toms, but not officially. I would have never allowed it when I worked in that setting." Tim, El Sobrante, California "Dressing Rooms and bathrooms are off limits. There is a lawsuit currently pending somewhere; unfortunately, I can't remember where. It was a case of store security watching 2 juvenile girls go into a dressing room with clothing. A male security officer was watching them and subsequently they were busted for shop lifting. The show was aired on the Montel Williams about 1 year ago. " Gary, Ohio "As far as the dressing room surveillance goes; ABSOLUTELY NOT. This sort of thing is a "buzz word" for civil litigation attorneys. I'm sure that any attorney you ask would indeed tell you that there is an absolute expectation and right to privacy inside dressing/changing rooms, latrines/bathrooms and locker rooms. I'm not an attorney, and do not give legal advise, but have enough of a security background to know that these places are "the sacred cow" and off limits to surveillance cameras." Clifford, Wisconsin "Couldn't help but respond to this one. Some time back, a health club here in Austin was having some theft problems in their men's locker room. No theft was going on in the ladies dressing room. Rather than change locks on all the equipment, they wanted to catch the individual and make an example out of him/her. I think they think it is a top management person. Anyway, I did some research among the P.I. experts and came to this conclusion. The health club management could only film patrons going into or out of the dressing room. No filming inside the men's locker room unless the camera was pinpointed at a suspect.....such as from within a locker when the camera was triggered by a movement when the door is being opened to take the jewels. I even talked with a P.I. in South Texas who was being sued for filming a subject in an aerobic exercise program in a health club. It was a weak case, but the legal costs can be enormous. Here's the kicker. When there is a reasonable expectation of privacy, you cannot invade this environment with a camera, etc. In other words, I can film a person taking an aerobics class which is in full view of the public's eye, but I cannot film a person who is dressing or undressing in a locker room. HIDDEN CAMERA OR OTHERWISE. The same "judgement" would apply to a person's back yard which is mostly deemed private (wooden fence) and the front yard which is in public view." Rex, Texas "Here, in NH, ( as in MOST states, I believe) the placement of covert video devices is governed by law. The prevailing statutory, and Case Law, specifies that cameras can NOT, BE PLACED, OR PHOTOS (from afar) can NOT be taken where their is an "expectation of privacy". " John, New Hampshire Copyright 1998 by Spies Online. All Rights Reserved. Do not copy/forward this publication in whole or in part without permission of the list owner and the writer(s) of any particular article(s) in question. 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