Public
Public video surveillance, which does not include video surveillance in privately owned places such as shopping centers or in quasi-private areas such as government buildings, refers to surveillance in public areas performed by public bodies.
The use of public surveillance, while prevalent in the UK from the early 1980's has not until recently been publicly acceptable in North American. However, in recent years with the emerging attitude after the 9/11 attacks, public support for video surveillance has increased substantially. While the increase of awareness has launched many video surveillance initiatives, concerns about privacy continue to be an issue of hot debate.
In 2003, George Radwanski (federal Privacy Commissioner) attempted to legally contest public video surveillance in a court of law. The case was dismissed on procedural grounds by Supreme Court Justice Gérard Laforest. He provided the opinion that video surveillance of this nature, regardless of the purpose, would infringe on one's reasonable expectation of privacy. This would violate Section 8 of the Canadian Charter of Rights and Freedoms. As of January 2011, no court has ruled either for or against public video surveillance in Canada.
Private Organizations
Many people assume that a private organization, such as privately owned malls ect, are released from privacy obligations as long as the video surveillance is being conducted in a public place. This simply is not true! Any information collected of personal nature taking place in the course of a commercial activity or by an employer, regardless of location, must conform to certain requirements.
The private organization must prove purpose, must have consent or prove why consent is not required, must limit the type and amount of information they collect about an individual and provide proper documentation for the covert surveillance.
Private Individuals
For an individual who wishes to conduct covert surveillance there are a variety of rules and/or laws governing different types of situations. In Canada the laws differ when looking at image recording and voice recordings. Canada has a voyeurism law which states that you may not covertly record or observe any person who has a reasonable expectation of privacy.
Simply, this means that you may not covertly record in places such as washrooms, private quarters that are not yours, etc. Recording conversations have a different approach. An individual may record a conversation as long as one of the participants has consented to the recording. If you are taking part in the conversation, that consent may come from you.
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Renee Laurin
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