Video Surveillance

Video surveillance uses video cameras to transmit data to monitors or recording devices and is designed to observe people in a variety of settings. Video cameras can be used as part of overall security efforts, as a tool to address theft or vandalism that has occurred, or as a tool to ensure worker productivity. Officials in institutions of higher learning who choose to use video surveillance cameras must balance concerns for safety and productivity with Fourth Amendment rights related to the privacy of students, faculty, and staff. This entry describes video surveillance technology and examines the tensions that can arise when officials approve its use on campuses. Officials at institutions desiring to use available technology must understand these issues and respect the privacy and security concerns in designing systems that will be both effective and accepted in their campus communities.

The quality of video surveillance technology has significantly improved in recent years. Technology exists to obtain video in settings where there is little or no light. Video equipment may be monitored in real time, but it is often tied to recording devices where electronic information is maintained in a computer database for review at a time after the recording is created. The collection of audio data is generally prohibited under Title I of the Electronic Communication Privacy Act (ECPA) of 2002. However, the ECPA does not regulate silent video surveillance.

Video surveillance raises a number of competing legal and philosophical issues. The mere physical presence of video cameras on campus may suggest that campuses are dangerous places and thus have the unintended effect of reinforcing a climate of fear. On the other hand, the presence of video cameras can mislead students and others into believing that campuses are safe places, thereby creating false senses of security and blurring the line of responsibility that individuals must have for ensuring their own safety. In addition, the use of video cameras raises significant political issues that must be considered by leaders in campus communities. The fact that “someone is watching” may raise criticisms from students and staff who argue that the use of such cameras threatens their privacy. Some critics may ask whether “Big Brother” is coming to campus. From this perspective, cameras may be viewed as icons of an Orwellian approach to campus security, a potentially thorny political issue that must be considered and debated on campuses.

Video cameras used as part of a surveillance effort serve both a deterrent and an enforcement purpose. Placing cameras on campus and publicizing their use will have a deterrent effect. Video cameras, and the records they produce, can be used to identify offenders and to document conduct that runs afoul of institutional rules, policies, or laws.

Cameras may be placed as part of comprehensive plans to address potential problems such as theft, assaults, vandalism, bullying, and other offenses. In such situations, placement of cameras may not be made public, at least not their locations. Under these conditions, cameras may well have little deterrent effect but are employed to [Page 530]identify offenders as part of law enforcement efforts. Video surveillance technology thus gives institutional officials opportunities to identify suspects after unlawful or inappropriate activities have occurred.

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