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, <br /> To: RHAY Tim W <br /> Cc: LANKSTON Jeff <br /> Subject: WebNideo Cameras at Skate Parks <br /> Tim, <br /> You asked two questions about the proposed use of web /video cameras at the <br /> two skate parks: (1) Would the Zink to the City web page and the recording of <br /> activity at the parks constitute an unlawful invasion of privacy? Our answer =' <br /> is No, if the use of the camera meets the conditions described below. (2) <br /> Would the cameras create liability for the City if someone used the web access <br /> for an unlawful purpose * e.g., as an aid to interference with a custody order <br /> or the like? Our answer is, Probably not. <br /> Privacy issues <br /> As a general matter, cameras that record or allow viewing of activities in <br /> a public place do not invade a person's privacy so long as they record only <br /> what can be seen by the naked eye. To avoid any claim of invasion of privacy, t' <br /> we recommend that the cameras: <br /> 1. Are placed only on City property or on property where the City has the <br /> owner's permission to locate them; <br /> 2. Record only activity in the public view from a natural vantage point * <br /> i.e., what someone visiting the park in person could see; <br /> 3. Do not involve any technological enhancements (e.g., telephoto lens) <br /> that would allow observation of activities that could not be seen with the <br /> naked eye; and s. <br /> 4. Are not concealed, so that it is apparent to the public that the <br /> cameras are there. <br /> I assume these conditions would be easy to meet. If they're not, let us <br /> know; we can discuss them in more detail, and you can evaluate the legal risk <br /> associated with not meeting each of those standards. <br /> Liability <br /> As you've probably heard before, anyone can file a complaint in court if <br /> they're willing to pay the filing fee. That said, we think there is no <br /> substantial risk of liability arising from using the web cameras, because they <br /> don't give anyone any information they couldn't get by visiting the skate park <br /> in person. In addition, if you record the images, they are public records <br /> that anyone could request, so again there's little difference between that and <br /> the link to the web site. <br /> My assessment that the risk of liability is minimal is based partly on <br /> my lack of knowledge that similar types of recordings or web cams have caused tr <br /> any problems elsewhere. If you are aware of a risk that you think is <br /> substantial, we should talk about ways to minimize it. In other words, if we <br /> create a risk of harm by installing the cameras, and we know about the risk <br /> but do nothing to prevent the harm, the City probably would incur liability. <br /> I hope that helps. Please give me a call if you have additional <br /> questions or would like to discuss these answers in more detail. <br /> Jerome Lidz <br /> Harrang Long Gary Rudnick P.C. <br /> (541) 485 -0220 <br /> jerome.s.lidz @harrang.com <br /> THIS MESSAGE IS A CONFIDENTIAL COMMUNICATION UNDER THE ATTORNEY- CLIENT OR <br /> ATTORNEY WORK PRODUCT PRIVILEGE. <br /> 2 <br />