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SoloLawyer
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Category: Legal
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Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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Is it against the law in Colorado to have video cameras in

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Is it against the law in Colorado to have video cameras in your therapy rooms, if it is posted at your reception area stating that video surveillance is throughout the building for your protection, when entering this building you are in agreement that you are aware of this notice. Because we are constantly training new employees, we want to critique they're training, and point out any and all mistakes that they are administering weekly with all employees?
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

What kind of therapy?

Thanks,

Michael
Customer: replied 6 years ago.
Massage Therapy.

No, it is not against the law to post a notice such as your business did and have cameras in the massage rooms.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 6 years ago.
Michael I notice that you are not in Colorado and your giving me your input from another state, is this true for Colorado. I had the police department in my two locations, which in the one location they wanted to take my DVR along with disrupting my buiness for over two hours as well as upsetting my staff where one employee was so upset she quit! I finally called them back and ask for them to leave.

 

Customer: replied 6 years ago.
No, it is not against the law to post a notice such as your business did and have cameras in the massage rooms. I understand it's not against the law to post a notice, but is it against the law to have cameras in your therapy rooms for the state of Colorado?

Could you please explain your situation a little more? Why were the police involved and what did they say?

Michael
Customer: replied 6 years ago.

 

They stated that a customer complained about having to be videotape while receiving therapy, so they were there to investigate it? I was not in my spa, so I returned his call with no avail, so he contacted the PD where I have my other Day spa and they went in and ransack the business taking all kinds of pictures and requesting to remove the DVR, after almost two hours in my businesswhen they said they would only be there for a few minutes I requested that they will not remove anything from my business and to please leave.

Just because the police arrived does not mean they were there because you have cameras in your massage rooms; they may have been there because they thought something on the tapes was illegal.

According to the criminal code of Colorado, eavesdropping is illegal only if neither of the parties that are communicating give their consent. If your notice was posted where customers could see, everyone would have consented to the recording and therefore there is nothing illegal about it.

Remember, I can only operate on what you give me. Something else illegal may have occurred, but simply having the cameras is not illegal.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 6 years ago.
I appreciate your input, but I have just one more question regarding your reply. As I stated all the officer said is someone complain and they just wanted to see what we were video taping, and no crime was committed at this time. Do they have the right to view the cameras without a warrant? And as I stated you are in another state does this also go for the State of Colorado on your information? Again thank you for your time, and what type of attorney should I seek for this infraction?

No, they can not search your business without a search warrant. You really can't do anything about their conduct, though. If they charged you based on what they found in the illegal search, that evidence would be inadmissible in court (that is their punishment). As it stands, there is no prosecution so there isn't much you can do. If you want to press the issue, speak with a criminal attorney about filing an action against the officers.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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Customer: replied 6 years ago.
Be advised, the answer you gave me was not at all correct, it is against the law to have camera's in the therapy rooms. I'm not at all happy with you.