On March 6, 2008, the Privacy Commissioners of Canada, Alberta and British Columbia released Guidelines for Overt Video Surveillance in the Private Sector. Each of the Privacy Commissioners assert that since their private sector privacy legislation governs the collection, use and disclosure of information about an identifiable individual, surveillance through a video camera is clearly subject to that legislation.

Of particular importance is the guidance to use the least privacy-invasive means, to control operator use, to notify the public and to respond to requests regarding the footage.

In planning for, using and retaining video surveillance, the guidelines recommend that organizations take the following 10 steps:

  1. Determine whether less privacy-invasive alternatives meet your needs. For example, an area can be protected by physical security before surveillance.
  2. Establish the business purposes for conducting video surveillance and use it only for those purposes. If there is no legitimate business reason to use it, you should not. If the purpose is to protect property, it should not be used to track individuals in the frame who do not pose a risk to the property.
  3. Develop a policy on the use of video surveillance. The policy should include: specifications of the system (locations of systems and camera, special capabilities, times of use, whether and when to record, how records are managed, disposal procedures, etc.), procedures to respond to breaches in the policy, sanctions for employees and contractors who breach the policy and the name of the individual or officer accountable for privacy compliance and responding to inquiries.
  4. Limit the use and viewing range of surveillance equipment as much as possible. Time limited operation is preferable to continuous operation, cameras should be focused for the business purpose and not on individuals not targeted, cameras should not be aimed at areas where people have a heightened expectation of privacy (with steps taken to prevent possible repositioning by operators in violation of this obligation) and sound should not be recorded without a specific need (and any recording of sound must comply with the Criminal Code).
  5. Inform the public that video surveillance is taking place. Clear notice that video surveillance is occurring must be given before an individual enters the frame.
  6. Store any records created by video surveillance in a secure, limited-access location and destroy them when they no longer serve a business purpose. The destruction should be complete. In the case of cameras which are monitored, images should not be recorded unless unlawful activity is suspected or observed.
  7. Be prepared to respond to public inquiries regarding video surveillance records as you should to any inquiry regarding personal information you collect, use or disclose. Individuals are entitled to know who is collecting the information, for what purpose and what information is being collected.
  8. Give individuals access to records concerning them. Responses to one individual's request to see his/her images should be masked to obscure other individuals. Disclosures to third parties must be justified and documented
  9. Educate camera operators on their privacy obligations to individuals.
  10. Periodically evaluate the need for continued video surveillance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.