Recorded and monitored visits & vendor privacy: what families should know

At Ocean County Jail, you should assume there’s no expectation of privacy for regular (non-attorney) visits. The facility’s policy is clear: all non-attorney visits are subject to recording and monitoring. If you need to share sensitive legal information, keep it out of non-attorney visits and use attorney channels instead.

Beyond the jail's own monitoring, the company running the communication platform may also record and store what's exchanged. ViaPath (Telmate) states that when you use their services to communicate with an incarcerated person, they record and store the communication - including your image and voice data if you're using video visits or leaving voice messages. Your conversation isn't just heard in the moment. It can be saved as a permanent record by the vendor.

Stored data carries risk. ViaPath/Telmate's privacy statement describes an incident from August 2020 where unknown attackers exposed and accessed personal information for thousands of Telmate users. The exposed information included names and contact information, driver's license numbers, passport numbers, Social Security numbers, payment card and financial account information, personal messages, and grievance forms. Not every category applied to every person, but the scope was broad.

Here's something that surprises many families: location collection tied to phone calls. ViaPath/Telmate says that by accepting a call, you agree to have your phone location obtained for 60 minutes after you accept. They store this location information for one year from the date of the call, then delete it.

1. Accept (or don’t accept) the call with location in mind - ViaPath/Telmate says your location will not be obtained if you do not accept the call.
2. Opt out of remaining post-call location capture - If you want to opt out of having your phone location obtained for any time remaining between when you terminate the call and the end of the 60-minute period, call 1-800-483-8314.

Have questions about ViaPath's privacy practices? Want to request account cancellation? Their privacy statement lists two ways to reach them: email privacyrights@viapath.com, or write to c/o ViaPath Technologies, 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042, Attn: Legal Department.

Practical Steps Families

• ✓ Assume non-attorney visits at Ocean County Jail may be recorded and monitored.
• ✓ Assume communications handled through ViaPath (Telmate) may be recorded and stored, including your image and/or voice data.

• ✓ If you’re worried about personal data being stored long-term, consider using a secondary phone number/account for jail communications.
• ✓ Be cautious about sharing extra identifying details over vendor platforms, especially given the vendor’s description of a past exposure of Telmate user information in August 2020.

1. Decide before you answer - ViaPath/Telmate says accepting the call triggers phone location collection for 60 minutes after you accept.
2. End the call when you’re ready - Location collection is described as continuing after the call is terminated, up to the end of that 60-minute window.
3. Call to opt out of the remaining time - Use 1-800-483-8314 to opt out of having your phone location obtained for any time remaining in the post-call period.

1. Email the privacy team - Send questions or requests to privacyrights@viapath.com.
2. Use postal mail if you prefer - Write to c/o ViaPath Technologies, 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042, Attn: Legal Department, for privacy questions or account cancellation requests.