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February 2, 2005 9:08 AM PST

Secret 'bus cams' challenged in court

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Officials in the Twin Valley School District, located in the heart of Pennsylvania's countryside, thought they had devised a novel way to reduce school bus disruptions by unruly students.

By October 2001, the school district near Reading, Pa., had secretly installed a pair of "bus cams" behind one-way mirrors that made audio and video recordings of what took place while students were being shuttled to and from school.

Now a Pennsylvania court has thrown a roadblock up against a lawsuit challenging the surreptitious recordings. In a decision last week, the Commonwealth Court rejected an attempt by a former student to file a class-action lawsuit claiming that the school district had violated her privacy rights.

Judge Jess Jiuliante wrote that former student Morgan Keppley did not meet the requirements for a class-action lawsuit. For one thing, Jiuliante said, it would be too difficult to determine "the location of each particular student on the bus in relation to the audio equipment and whether each student exhibited an expectation of privacy and whether that expectation was reasonable."

Also, Jiuliante wrote, "it is clear that (Keppley) lacks the financial resources to assure that the interests of the (class-action suit) will not be harmed and has no agreements in place to assist her in financing the action."

School officials testified that they decided to obtain the secret bus cams after a fight took place between a bus driver and a student.

But eventually, they acknowledged, footage from the cameras became used in disciplinary proceedings when reports of foul language were received. Lyle Bliss, a retired high school principal, said that he would request tapes to justify punishments. Keppley, who filed the lawsuit, claimed that footage of her conversations was unlawfully used against her and that she should have enjoyed a reasonable expectation of privacy while on the school bus.

Under Pennsylvania law, someone is guilty of a felony if he or she "intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication."

See more CNET content tagged:
Pennsylvania, class action, bus, student, expectation

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Expectation of Privacy?!
by February 2, 2005 5:57 PM PST
A public school bus hardly qualifies as a private location. These
are the same kids who don't think twice about snapping a
picture of someone with their camera phone. Today's
"entitled" generation acts as if they are "owed something" and
have no appreciation for their privileges nor respect for the
rights of others. Parents have a right to expect their children are
safe from the moment they set foot on the bus until they return
home. The cameras are very effective at deterring drug abuse,
sexual activity and bullying. If offered the opportunity, I'd
contribute a portion of the cost of outfitting my local bus fleet
with camera housings - a small price for piece of mind for a very
concerned father.
Reply to this comment
by waves056 December 24, 2008 4:06 PM PST
Everyone has privacy rights regardless of where they are. This has been legally confirmed by the supreme court, which ruled that the 4th amendment protects people and not places. (see katz vs united states) While people's privacy may be more limited in some public spaces, the right to speak freely without the government eavesdropping is one of the most fundamental rights we have as U.S citizens and human beings. You call our generation entitled, but you are giving up the freedoms our greatest generation died for. Defend young peoples' freedoms; their rights are the easiest to abuse
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