Video Surveillance: The Privacy Implications and PIPEDA

In our blog today I want to draw to everyone's attention the privacy implications of video surveillance.
 

Understandably, the general public is becoming increasingly concerned about the use of video surveillance for the collection of personal information.

 

The Renwick Group is very familiar that privacy and surveillance has a high potential for infringing upon an individual’s right to privacy.

 

Therefore we follow all the government regulations and guidelines and keep well within the law and industry standards. 

 

We weigh all the factors of every surveillance carefully to determine whether its use is appropriate.

 

The Information and Privacy Commissioner/Ontario (IPC) is a complaints body and regulator who can make sure the collection, retention, use, and disclosure of the video-recorded information was in accordance with the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act (the Acts).

 

The Personal Information Protection and Electronic Documents Act (PIPEDA), is intended to outline the privacy obligations and responsibilities of private sector organizations contemplating and engaging in covert video surveillance and again we watch all the regulations very carefully and this has become the basis of a Best Practices approach to surveillance of all types.

 

According to the The Office of the Privacy Commissioner of Canada, "PIPEDA governs the collection, use and disclosure of personal information in the course of a commercial activity and in the employment context of federally regulated employers. The capturing of images of identifiable individuals through covert video surveillance is considered to be a collection of personal information. Organizations that are contemplating the use of covert video surveillance should be aware of the criteria they must satisfy in order to collect, use and disclose video surveillance images in compliance with PIPEDA. These criteria are outlined below and address the purpose of the covert video surveillance, consent issues, and the limits placed on collecting personal information through covert video surveillance."
 

Video Surveillance - Best practices for using private investigation firms

Many organizations hire private investigation firms to conduct covert video surveillance on their behalf. It is the responsibility of both the hiring organization and the private investigation firm to ensure that all collection, use and disclosure of personal information is done in accordance with privacy legislation. We strongly encourage the parties to enter into a service agreement that incorporates the following:

• confirmation that the private investigation firm constitutes an “investigative body” as described in PIPEDA “Regulations Specifying Investigative Bodies”;
• an acknowledgement by the hiring organization that it has authority under PIPEDA to collect from and disclose to the private investigation firm the personal information of the individual under investigation;
• a clear description of the purpose of the surveillance and the type of personal information the hiring organization is requesting;
• the requirement that the collection of personal information be limited to the purpose of the surveillance;
• the requirement that the collection of third party information be avoided unless the collection of information about the third party is relevant to the purpose for collecting information about the subject;
• a statement that any unnecessary personal information of third parties collected during the surveillance should not be used or disclosed and that it should be deleted or depersonalized as soon as is practicable;
• confirmation by the private investigation firm that it will collect personal information in a manner consistent with all applicable legislation, including PIPEDA;
• confirmation that the private investigation firm provides adequate training to its investigators on the obligation to protect individuals’ privacy rights and the appropriate use of the technical equipment used in surveillance;
• the requirement that the personal information collected through surveillance is appropriately safeguarded by both the hiring organization and the private investigation firm;
• the requirement that all instructions from the hiring company be documented;
• a provision prohibiting the use of a subcontractor unless previously agreed to in writing, and unless the subcontractor agrees to all service agreement requirements;
• a designated retention period and secure destruction instructions for the personal information;
• a provision allowing the hiring company to conduct an audit.

Source: http://www.priv.gc.ca/information/pub/gd_cvs_20090527_e.asp

This article was written by The Renwick Group with information drawn from http://www.priv.gc.ca/information/pub/gd_cvs_20090527_e.asp