Cameras in Shul

 Here is a question I received, and my response. 

I would appreciate your thoughts.

Hi Rabbi Eisenberg

I have an interesting question which I was wondering whether you or your learned blog readers might be able to assist me in coming to a conclusion. It relates to privacy and halacha (privacy being a very topical issue in the secular world today).

In our shul, the Rabbi put up CCTV cameras all over the place which is probably required for insurance and safety purposes. In our particular shul, I don't believe there are any signs notifying people that there is CCTV and that you are being recorded. I also believe that the Rabbi and/or Gabbai has access to the footage and can access that footage or the replay at any time. 

Do you think there should be clear signs that CCTV is videoing constantly and that these may be accessed by the Rabbi/Gabbai at any time for any reason? Do you think the Rabbi/Gabbai should be allowed to access those videos at any time and for any reason or do you think that it should only be allowed for particular purposes (like a claim on insurance or something criminal etc)? Do you think there should be rules about accessing that footage by himself in the Rabbi/Gabbai's room or there should at least have to be two people in the room (let's say two passwords that both people would need to put in) in order to stop the misuse of the CCTV and tempt someone to spy on people etc.

My own view is that I completely understand the need for CCTV but it is a shame that a shul, a place that you would like to sometimes have a private dialogue with Hashem, is now Big Brother and all of your actions in the shul are now possibly being watched or at least capable of being watched for no good reason.

Thank you

(...)

My response:

Hello  (...)

My shul also installed cameras all over, and they have been very helpful. We have an unfortunate individual in the community that cannot control his impulse to steal, and the footage has been helpful in forcing him to make restitution. 

Besides that, there is a genuine concern of vandalism or serious theft of sifrei Torah or silver implements or the contents of a tzedaka box, and a recording can allow the malefactors' apprehension and punishment.

But I know, myself, that I often do not remember the presence of cameras so that I should act as if I were in public.

When you call credit card companies or utilities you often hear a warning that "your call may be monitored or recorded." Federal law does not require this, but many states have laws which make it illegal to record phone calls without the consent of both parties. Those laws reflect exactly the concern you expressed. A shul, of course, is private property, and on private property, the owner, i.e., the board of the shul, can record whomever they want in public areas. I, too, have cameras in the public areas of my apartment building. 

Please note:  Every state has its own laws about security cameras. But I think that in every state, it is legal to make video recordings in areas where there is no expectation of privacy, even with hidden cameras. Most areas in a shul are not places where there is an expectation of privacy, due to constant public access.

But, federal and state law aside, you have a legitimate concern, and it would seem that as a  matter of derech eretz and respect, it would be best if an innocuous sign were posted reminding people, or informing guests, that they are being recorded.

You did not ask me in my capacity as a lawyer. You asked about the halachic perspective. From that perspective, I would refer to the laws of הזק ראייה. 

Whether  היזק ראייה is a form of injury is a machlokes in the beginning of Bava Basra, and the Gemara says that the concept is alluded to in the words of Bilaam when he looked at Klal Yisrael and וירא את ישראל שוכן לשבטיו and, as the Rashbam says, he was moved to say מה טובו אהליך יעקב.  

According to many achronim, everyone agrees that hezek re'iyah is a hezek, in that it results in embarrassment, boshes. The only machlokes is whether the obligation to avoid that damage devolves primarily on the one observed or on the one observing. Where the injured party has no choice but to do personal things in a certain area, everyone would agree that the other party is responsible for the harm. 

You are troubled by the lack of privacy to daven, to daven like only you and the Ribono shel Olam are present. This is reminiscent of the Mishna in Avos that עומדים צפופים ומשתחוים רווחים. This miracle occurred in order that the people should not be ashamed to say vidui with their neighbor listening. Your case is not quite that degree of intrusion; every one of us ought to cry during davening, and one who does, has nothing to be ashamed of.  כי אדם אין צדיק בארץ אשר יעשה טוב ולא יחטא, and each of us has much for which we tearfully beseech the Ribono shel Olam.

In this situation, as I said, it seems to me that the right thing to do is to post a reminder. I believe that the shul is entitled to place cameras, and people will have to adjust their behavior accordingly, but it is just fair to let everyone know.  Many people use the shul, some tough skinned, some more sensitive. It would be derech eretz to be considerate to everyone using the shul.

I am going to post this question (anonymously, of course!) and my answer, and we'll see what turns up.

UPDATE:

I got this from a friend in Israel.

A local shule used their surveillance tapes in court , when they were

trying to throw out a miscreant  [famous lawyer] who would show up to

shule on Shabbat with a bottle of something and serve his buddies as

well, and they would get rowdy

The shule LOST the case, because the frum judge didn't think being drunk

and rowdy during mussaf is a significant infringement on the rights of

the  [PRIVATE !!! ] shule  [ public accommodation?]

Fortunately he moved away immediately after the case , and i don't think

he's frum anymore either.