PRINTER'S NO. 1263
No. 1074 Session of 1997
INTRODUCED BY GERLACH, HART, TOMLINSON, SLOCUM, COSTA AND STOUT,
AUGUST 15, 1997
REFERRED TO JUDICIARY, AUGUST 15, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, limiting videotaping by businesses and
3 employers in certain places where there is a reasonable
4 expectation of privacy; and providing for definitions, for
5 penalties and for exceptions and exclusions.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 7330. Use of electronic surveillance, videotaping or
11 photographing in private areas by businesses and
12 employers.
13 (a) Unlawful activities.--Except as otherwise provided in
14 this section, no business or employer, nor any agent or
15 representative of a business or employer, including any agent or
16 employee of the Commonwealth, shall operate or cause to be
17 operated any camera, electronic surveillance or monitoring
18 device or system, including, but not limited to, devices for the
19 taking of photographs or the recording of sound or voice, a
1 closed circuit television, video or other camera, or any
2 combination thereof, for the purpose of recording,
3 photographing, videotaping or monitoring the activities of
4 customers or employees in private areas.
5 (b) Penalties.--Any business or employer or agent or
6 representative of same who violates the provisions of subsection
7 (a) shall for the first offense be fined $500, for the second
8 offense be fined $1,000 and for the third and any subsequent
9 offense be fined $5,000 or be imprisoned for 30 days, or both.
10 (c) Cause of action.--Any person who has been the subject of
11 electronic monitoring or surveillance, videotaping or
12 photographing in a private area by a business or employer in
13 violation of subsection (a) shall have a civil cause of action
14 against the business or employer and shall be entitled to
15 recover from any such business or employer:
16 (1) actual damages;
17 (2) punitive damages; and
18 (3) reasonable attorney fees and other litigation costs
19 reasonably incurred.
20 (d) Waiver of sovereign immunity.--To the extent that the
21 Commonwealth and any of its officers, officials or employees
22 would be shielded from liability under this section by the
23 doctrine of sovereign immunity, such immunity is hereby waived
24 for the purposes of this section.
25 (e) Exceptions.--This section shall not apply to:
26 (1) otherwise lawful surveillance conducted by a law
27 enforcement officer or correctional officer while in the
28 performance of his official duties;
29 (2) surveillance of a common area or other public area;
30 (3) electronic monitoring required by a Federal or State
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1 law governing public safety or security for public
2 transportation; or
3 (4) lawful surveillance conducted by or at the direction
4 of law enforcement, correctional officials or a court under
5 Ch. 57 (relating to wiretapping and electronic surveillance).
6 (f) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Electronic monitoring or electronic surveillance." The
10 collection or storage of information concerning an individual's
11 activities by means of electronic observation, supervision or
12 other form of visual or auditory technology that is conducted by
13 any method other than direct observation, including, but not
14 limited to, the following methods: recording or transferring
15 images, sounds or other intelligence of any nature which are
16 transmitted in whole or in part by a camera, video recorder or
17 other photoelectronic or photo-optical system or other similar
18 technology developed in the future which is used for such
19 purposes.
20 "Private areas." Areas designed for the health or personal
21 comfort of a customer or employee, or for the safeguarding of
22 their possessions, including, but not limited to, areas such as
23 bathrooms, restrooms, locker rooms, dressing rooms, lounges,
24 shower facilities, tanning beds, tanning booths or other areas
25 where there is a reasonable expectation of privacy.
26 Section 2. This act shall take effect immediately.
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