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Home > Invasion of privacy laws and video surveillance -- what's legal, what's not?
September 20, 2005
By: Bob Whitehead
Video surveillance cameras provide security and hard
evidence. However, the use of such cameras has raised a
great deal of legal debate. Many feel that covert cameras
violate their privacy rights. The concern over these cameras
in the workplace and other public arenas has led to the need
for invasion of privacy laws.
The Personal Information Protection and Electronic
Documents Act is one type of right to privacy law in Canada.
This act states that unless in extreme circumstances, such
surveillance is only legal when those who are being taped
are aware that it's happening. Regulating the use and
practice of surveillance is one way to avoid privacy
invasion.
In a non-workplace setting, invasion of privacy due to
surveillance is also an issue. Private investigators have to
follow rules to avoid being taken to a court of law for
invasion of privacy. Surveillance cannot take place in a
private area such as a bedroom, as this violates the Fourth
Amendment. Including audio is also illegal.
"Reasonable expectation of privacy" is one of the keys to
surveillance being legal. If your employer is using a camera
in a public area, that is one thing. Cameras in the bathroom
present a completely different matter, and violate rights of
privacy.
Covert surveillance provides more security but it also
raises interesting legal and privacy issues. It isn't
illegal for a parent to use a covert camera to survey their
nanny but the nanny may regard this as invasion of her
privacy. But, an obvious camera may lead to different
behavior. The debate over the use of such cameras shows that
what is lawful and what we feel we have the right to are not
always the same.
About the Author
Bob Whitehead is a successful freelance writer and
contributor to Video-Surveillance-Guide.com. Your
definitive guide to video surveillance equipment, CCTV
cameras and wireless security systems for home and business.
Also See: [
Digital
surveillance camera -- Cyber Eye mobile, image cameras ]
[
Hidden spy cams -- using
a nanny cam with your childcare provider ]
[
SkyLink Systems
-- complete digital surveillance systems ]
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