Video of identifiable people is personal information under Canadian privacy law. Organizations can use security cameras, but they are expected to have a clear reason, collect no more than that reason needs, tell people, protect the recordings and keep them no longer than necessary. This guide explains the general picture and how it shapes camera design; it is not legal advice.
Which law applies
Canada has several privacy laws, and which one applies depends on who operates the cameras and where:
- Private-sector organizations in Alberta and British Columbia generally fall under their province's own Personal Information Protection Act (PIPA). The two acts are separate laws with similar principles.
- Private-sector organizations in most other provinces, including Ontario, fall under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) for their commercial activities. Quebec has its own private-sector law.
- Federally regulated businesses, such as banks, airlines and telecommunications companies, are generally covered by PIPEDA everywhere in Canada.
- Public bodies such as municipalities, school boards, universities, health authorities and provincial ministries are covered by their province's public-sector access and privacy legislation. Federal institutions have their own act.
Health information, employee information and non-profit organizations can raise further questions about which law applies. If you are unsure, ask your privacy officer or legal adviser before the cameras go up.
The principles they share
The laws differ in detail, but federal and provincial privacy commissioners have published guidance on video surveillance that returns to the same questions again and again:
- Purpose. Is there a real, specific problem, such as theft, vandalism or threats to staff, that cameras are meant to address? "General security" is a weak answer on its own.
- Necessity and proportionality. Would a reasonable person consider cameras appropriate for that problem, and are they likely to help? Is the intrusion on privacy in proportion to the benefit?
- Less intrusive alternatives. Have better lighting, locks, access control or staffing been considered?
- Limited collection. Are cameras aimed only at the areas the problem involves, and only operating at the times it matters?
- Notice. Are people told, usually by clear signs at the entrances to monitored areas, that cameras are in use and whom to contact with questions?
- Safeguards and access. Is the video stored securely, with viewing and export limited to people who need it, and logged?
- Retention. Is video deleted on a set schedule unless it is needed for an incident?
- Individual access. Can a person who asks get access to recordings of themselves, with other people obscured where needed?
Designing a camera system for privacy
Many privacy problems are created, or avoided, by design decisions. A camera aimed at a parking lot from a building corner may also take in a neighbour's windows and the public sidewalk. Moving or re-aiming it, choosing a narrower lens or applying privacy masks in the camera or the video management software keeps those areas out of the recording entirely. Masked areas appear blacked out in live view and in recordings.
Other design choices that help:
- Never place cameras in washrooms, change rooms or other places where people expect privacy, and check that no camera can see into them through a door or gap.
- Avoid recording audio. Audio raises additional legal issues and is rarely needed for security.
- Prefer cameras that cover entrances and choke points over cameras that watch people at their desks.
- Put signs at the entrances to monitored areas, before people enter them.
- Use the access controls and audit logs in the video management software, and limit remote access.
- Set retention in the system to match the written policy, as described in our guide to video storage and retention.
Cameras and employees
Cameras installed to protect property and people will inevitably record staff. Privacy commissioners and arbitrators have generally been more accepting of cameras aimed at entrances, cash handling and secure areas than of cameras used to watch how employees work. Tell employees where cameras are and why, in a written policy, and explain whether video may be used in discipline. Covert cameras are treated as a last resort for a specific, serious problem where other measures have failed, and they call for legal advice before they are installed. In unionized workplaces the collective agreement may also set rules.
A privacy checklist for a camera project
- Write down the specific problems the cameras address and the alternatives considered.
- Confirm which privacy law applies and who in your organization is responsible for privacy.
- For each camera, record what it covers and why, and check for areas that should be masked.
- Prepare signs for the entrances to monitored areas, with a contact for questions.
- Write a policy covering who may view and export video, retention, disclosure to police and how access requests are handled.
- Configure user accounts, permissions and audit logging in the video management software.
- Set retention in the system to match the policy, and check it after installation.
- Review the system periodically: are the cameras still needed, and still pointed at the right things?
A short written privacy assessment covering these points is useful even where it is not formally required. For public bodies it is often expected before a new system is installed.
A typical case
A retail business has had repeated thefts from its stockroom and wants cameras. A privacy-minded plan starts by writing down the problem: losses from the stockroom and at the rear delivery door. Better locks and a sign-in sheet for the stockroom are tried or considered alongside cameras. The design then places one camera covering the rear door and one covering the stockroom shelves, rather than cameras over the whole sales floor and staff lunchroom. The rear-door camera is masked so it does not show the neighbouring business's yard. Signs go up at the staff entrance and on the stockroom door, staff are told in writing what the cameras are for, and video is kept for a set period and then overwritten unless an incident is under investigation. Only the manager and owner can view recordings, and every export is logged.
How ehZee can help
We design camera systems with privacy built in: a written purpose for each camera, placement and masking that keep unneeded areas out of view, signage locations, and access, logging and retention settings that support your policy. See our video surveillance design service and our guide to camera placement and pixel density. We do not give legal advice; for questions about your obligations, consult your privacy officer or legal adviser.
Common questions
Can we give video to the police?
Privacy laws generally allow disclosure to law enforcement in defined circumstances, such as an investigation. Your policy should say who can approve a disclosure, and each one should be logged. When in doubt, ask for the request in writing and get advice.
Someone has asked for a copy of video showing them. Do we have to provide it?
Privacy laws generally give people a right of access to their own personal information, which can include video. Other people in the footage may need to be blurred or masked. Time limits and exceptions apply, so handle the request through your privacy officer.
Are dummy cameras a way around the rules?
Fake cameras do not collect personal information, but they can give people a false sense that they are being watched and protected. If they are part of a security plan, think carefully about what people will reasonably expect.