Worries about police taking security videos from homes or getting them from companies like Flock are growing these days. I think it's time for some clarity about what the law allows.
Yes, law enforcement can take your home security videos, both videos in local storage on your cameras and video doorbells, as well as video stored in the cloud by your security company. But they need to go through the right channels to do that legally. Seizing video is typically restricted to three different options that every security camera user should know about.
1. Police can request home security footage for emergencies
In emergencies, police have a legal right to request sensitive information like camera footage. Alena Paulus/Getty Images
First, law enforcement has the option, as outlined in company privacy policies, to request cloud video footage in case of an emergency. Here an "emergency" typically means a life-or-death situation or something else high-stakes, such as a kidnapping or a manhunt for a violent criminal.
Most security companies that offer video storage in North America will field and consider these emergency requests, pulling any of the footage you may have stored on the cloud. Here's an explanation from Google Nest on how it handles sharing user data with law enforcement, how it may try to narrow the scope of the request for user privacy and how it may or may not let users know about the request. Security users may not know that their cloud videos were accessed by police.
"Before complying with a request, we make sure it follows the law and Nest's policies," the company says. "We notify users about legal demands, when appropriate, unless prohibited by law or court order. And if we think a request is overly broad, we'll seek to narrow it."
In these situations, law enforcement contacts the cloud video management organization directly (usually your security brand like Arlo or Ring), and requests specific video footage from an area through channels set up to allow for such requests.
Important note: There is an option to share stored cloud videos, but security companies do not generally allow law enforcement agencies to look directly through live views on cameras. Thanks to end-to-end encryption and related practices, even security companies themselves may not have this ability except in some cases of professional home monitoring.
2. Law enforcement can use a warrant to access home security devices
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