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Thursday, February 20, 2014

Ind. Law - Question about HB 1009 - restricting digital surveillance

"Indiana legislature on verge of restricting digital surveillance" is the heading of this IndyStar story by Barb Berggoetz on the bill, which is currently in Senate Judiciary.

See also this article dated Feb. 18 in Government Technology, reported by Rachel Bunn of McClatchy News Service.

ILB: Question about HB 1009: On p. 10-11:

SECTION 26. IC 35-46-8.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]:

Chapter 8.5. Unlawful Photography and Surveillance on Private Property

Sec. 1. (a) This section does not apply to a law enforcement officer who has obtained a search warrant or the consent of the owner of private property to place a camera or electronic surveillance equipment on private property.

(b) A person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class A misdemeanor.

My question is about the new (b). Does this prevent me from installing a security camera on my own property that may also pick up a neighboring property? The wording appears to be ambiguous.

Posted by Marcia Oddi on February 20, 2014 09:47 AM
Posted to Indiana Law