Casual commuter conversations on light rail trains have an unexpected eavesdropper — NJ Transit.

Video and audio surveillance systems designed to make riders more secure are also recording the conversations of light rail passengers at all times.

NJ Transit officials say the on-board cameras and audio surveillance systems are needed to fight crime and maintain security.

But does on-board surveillance go too far when the agency records everything passengers are saying, without telling customers how long they keep or who has access to the recordings?

A sign on a Hudson-Bergen Light Rail train, photographed this week, tells riders they are under video and audio surveillance. (Larry Higgs | NJ Advance Media for NJ.com)

Commuters generally don't have a problem with video surveillance, since they've come to expect it for safety and security reasons in a post 9/11 world, said Len Resto, New Jersey Association of Railroad Passengers president.

"People take it in stride," Resto said of video recording. "The audio recording, people have a real problem with. A lot of conversations should be private."

A possible compromise would be setting an audio recorder to turn on when the sound level reaches a certain volume, such as when someone screams, he suggested.

NJ Transit is completing the installation of interior audio and video surveillance systems on its light rail fleet, said spokesman Jim Smith. In the agency's last commuter survey, riders gave security some of the highest rankings, however light rail riders indicated security could be improved.

"Passengers have repeatedly told the agency that security is a priority in the quarterly scorecard surveys of riders, Smith said. "The onboard surveillance systems are also a deterrent for crime and unruly behavior."



But security has to be balanced with a person's right to have a private conversation with the person next to them, critics said.

"You expect some privacy. You don't have it if you are yelling across the car. If you're sitting next to a person and talking to them and you don't know there is a microphone picking up your conversation, our laws say you have a right to a private conversation," said Ed Barocas, legal director of the state American Civil Liberties Union.

Surveillance equipment cost $750,000 to install on River Line trains and the $1.9 million expense to install them on Hudson-Bergen and Newark light rail trains is funded by a federal Homeland Security grant.

Currently, video and audio devices have already been installed on River Line light rail vehicles and are being installed on the Hudson-Bergen and Newark Light Rail, Smith said. All light rail vehicles that are equipped with surveillance have signs informing customers of their presence.

PATH trains also have on-board cameras to monitor riders, which was a built in feature of the new PA-5 cars that replaced older trains. NJ Transit commuter rail trains are not equipped with surveillance devices.



NJ Transit stepped up installing surveillance equipment aboard light rail vehicles last year, especially after criminals targeted riders who were using cell phones and other electronic devices.



"The video and audio captured ... is utilized by the New Jersey Transit Police Department and is an indispensable investigatory tool for them," Smith said.



Theft is the most common crime reported on NJ Transit's three light rail systems. NJ Transit police statistics show 130 crimes were reported on the light rail system in 2015, up slightly from 123 crimes reported in 2014.



Smith declined to provide examples of cases where video from cameras were used to successfully prosecute a case, citing security protocols.



"We think it's important that people know they are being videotaped," Barocas said. "It would serve no purpose if they didn't let passengers know. They are trying to dissuade them from engaging in certain activities."

Some said the signs should clearly say that all conversations are being recorded.

"The sign should say more," Resto said. "It should say it's on 24/7. It should state what it is."

Smith declined to say what NJ Transit's policies are for storing surveillance recordings, who has access to them and whether they are destroyed after a certain period of time. Such policies exist for unneeded data collected from motorists by automated license plate readers used by many police departments.



"There are concerns whenever the government is gathering information about us and that includes audio and video," Barocas said. "There are laws in New Jersey about audio taping conversation and there are concerns about how the government uses it, who has access to it and how long they keep it."



Larry Higgs may be reached at lhiggs@njadvancemedia.com. Follow him on Twitter @commutinglarry. Find NJ.com on Facebook.