Invasion of privacy question

[Pace67]

Jurisdiction

Texas

My daughter's apartment complex at her college sent an email that they will be installing cameras INSIDE the apartment of all apartments. The cameras will even be going into the bedrooms. They are not asking for permission, just advising it will be done next month. This is a 3 bedroom and she has 2 roommates that she barely knows. This is being done so the parents of these kids can access the cameras and monitor their college kids. The lease does not mention this and doesn't end until August 2018. I find this to be very invasive. That means a parent of her roommates can see my child walking around the apartment in her pajamas. In addition, these cameras can usually be hacked. I would like to know if this is legal and if I can put a stop to it happening as a concerned parent. Thanks for any advice.

 

[army judge]

I suggest you have your adult daughter speak with a local lawyer as to how she can LEGALLY break her lease.

Going forward, I suggest you work with your adult daughter, if you desire, so she can rent a one bedroom apartment and live in freedom and security.

There are far more dangers when one lives with strangers, and the strangers invited by other strangers into the home than a cyber peeping Thomasina.

A voyeur on a video camera may be intrusive and obnoxious, but all one needs to do is cover the video camera with a black piece of heavy cloth to stop the viewer from peering or leering at you.

The fact that a landlord would install such devices says far more than the installation.

 

[mightymoose]

I agree. There isn't much you can do as a parent other than to advise your adult daughter how to proceed.
She can easily cover a camera and wait out the lease or obtain legal assistance to break the lease.
She might also simply tell the landlord no, and to wait until she leaves after the lease ends.
The landlord might also be willing to just let her break the lease with no consequence. It doesn't hurt to ask. Get any agreement in writing.

 

[adjusterjack]

I would like to know if this is legal and if I can put a stop to it happening as a concerned parent.

It is illegal. It's a felony.

See the Texas Penal Code Section 21.15

"(b)A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:

(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or

(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).

(c) An offense under this section is a state jail felony."

2017 Texas Statutes :: PENAL CODE :: TITLE 5 - OFFENSES AGAINST THE PERSON :: CHAPTER 21 - SEXUAL OFFENSES

I suggest you have your daughter immediately respond to that email (and with a letter - tracking with delivery confirmation) saying "No, you do not have my consent to place a camera in my room or in the main area of the apartment where I will be inclined to walk around in my underwear. Any attempt to do so will immediately be reported to the police and district attorney." She should include a copy of the statute.

Have your daughter encourage her roommates to sign the letter and put the word out to other students that they don't have to accept the cameras.

 

[mightymoose]

It is not illegal unless without consent.
Having been given notice, failure to speak up and deny permission could imply consent. This is more of a peeping statute.
It seems no matter the approach to this she will need to find a new residence soon.

 

[zddoodah]

these cameras can usually be hacked.

They can?

I would like to know if this is legal and if I can put a stop to it happening as a concerned parent.

Is your child an adult or a minor? If she is an adult, then this situation has nothing to do with you.

Are you in Texas or is the college in Texas (or both)? By any chance, is the college a private/religious college? A public university? It sounds like the apartment complex where your daughter lives is owned by the college. Correct?

It is not illegal unless without consent.
Having been given notice, failure to speak up and deny permission could imply consent. This is more of a peeping statute.

Agree.