Finally, a new batch of findings from the Privacy Commissioner of Canada. Of particular interest is finding #269, which considers an employer's use of video surveillance by a private investigator. I'll do a fuller analysis later, the "Further Considerations" at the end of the finding is instructive:
Notwithstanding the findings, the Assistant Commissioner stressed that while she was satisfied that the company only resorted to video surveillance after having taken numerous measures to obtain the required information with the complainant's knowledge and consent, she recommended that the company formalize the steps it took by developing policy and practices that are privacy conscious.
Such a policy, she suggested, should take into account the following:
- video surveillance is a last resort and should only be contemplated if all other avenues of collecting personal information have been exhausted;
- the decision to undertake video surveillance should be made at a very senior level of the organization; and
- the private investigator should be instructed to collect personal information in accordance with the Act, and should be especially mindful of Principle 4.4.
The Assistant Commissioner asked the company to report back to her within 120 days regarding this policy."