Guide to Using Surveillance

Cameras In Public Areas

Revised June 2004

 ISBN 0-7785-3125-2

Produced by:

Access and Privacy

Service Alberta
3rd Floor, 10155 – 102 Street
Edmonton, Alberta, Canada T5J 4L4

Office Phone: 780-422-2657

Fax: 780-427-1120

FOIP Help Desk: 780-427-5848

Toll free dial 310-0000 first
E-mail: [email protected]

Websites:
foip.alberta.ca
pipa.alberta.ca
 Freedom of Information and Protection of Privacy

Guide to Using Surveillance Cameras in Public Areas

Table of Contents

Chapter 1 Introduction...................................................................................... 1

Chapter 2 Definitions........................................................................................ 1

Chapter 3 Collecting Personal Information Using Surveillance Cameras......... 2

Chapter 4 Considerations Prior to Using Surveillance Cameras ...................... 2

Chapter 5 Developing a Surveillance System Policy........................................ 3

Chapter 6 Designing and Installing Surveillance Equipment............................ 4

Chapter 7 Access, Use, Disclosure, Retention and Destruction of

Surveillance Records....................................................................... 5

Chapter 8 Auditing the Use of Surveillance Systems ..................................... .6

Chapter 9 Role of the Information and Privacy Commissioner......................... 6

Bibliography ........................................................................................................ 8
 ACKNOWLEDGMENTS

This Guide is based upon and imports many of the policies and guidelines outlined in the
British Columbia Office of the Information and Privacy Commissioner’s Public
Surveillance System Privacy Guidelines, OIPC Policy 00-01, June 21, 2000. That
contribution is gratefully acknowledged.

Input and advice on the content of the Guide was also received from the Office of the
Information and Privacy Commissioner of Alberta. The contribution of that Office is also
gratefully acknowledged.
 Guide to Using Surveillance Cameras in Public Areas

1. INTRODUCTION Other considerations may apply to

this type of surveillance and will not
be covered in this guide.
Surveillance cameras can be an effective
technique to protect public safety and
detect or deter criminal activity. 2. DEFINITIONS
Surveillance cameras are increasingly
being installed inside and outside of In this guide:
public buildings (in elevators, hallways,
entrances, etc.), on streets, highways, in “Covert Surveillance” refers to “the
parks and public transportation vehicles. secretive continuous or periodic
observation of persons, vehicles, places
Public bodies subject to the Freedom of or objects to obtain information
Information and Protection of Privacy concerning the activities of individuals,
Act (the FOIP Act) must balance the which is then recorded in material form,
benefits to the public against the rights including notes and photographs”. 1
of individuals to be left alone. A key
issue in privacy protection is the “Personal Information” is defined in
regulation of the collection of personal section 1(n) of the FOIP Act as recorded
information, thereby preventing information about an identifiable
unnecessary surveillance of individuals. individual, including: the individual’s
race, colour, national or ethnic origin;
This guide is intended to assist public the individual’s age or sex; the
bodies in deciding whether collection of individual’s inheritable characteristics;
personal information by means of a information about an individual’s
surveillance camera is both lawful and physical or mental disability; and any
justifiable and, if so, in understanding other identifiable characteristics listed in
how privacy protection measures can be that section.
built into the use of a surveillance
system. “Surveillance System” refers to a
mechanical or electronic system or
The guidelines do not apply to covert device that enables continuous or
or overt surveillance cameras being periodic video recording, observing or
used by a public body as a case- monitoring of personal information
specific investigation tool for law about individuals in open, public spaces
enforcement purposes, where there is (including streets, highways, parks),
statutory authority and/or the public buildings (including provincial
authority of a search warrant to and local government buildings,
conduct the surveillance. libraries, health care facilities, public
housing and educational institutions) or
They are also not intended to apply to public transportation, including school
workplace surveillance systems
installed by a public body employer to 1
Covert Surveillance in Commonwealth
conduct surveillance of employees. Administration: Guidelines, Human Rights and
Equal Opportunity Commission, February, 1992

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Guide to Using Surveillance Cameras in Public Areas

and municipal transit buses or other authority to collect personal information

similar vehicles. under section 33 of the FOIP Act.

“Reception Equipment” refers to the Under that section, no personal

equipment or device used to receive or information may be collected by or for a
record the personal information collected public body unless the collection is
through a public surveillance system, expressly authorized by an enactment of
including a camera or video monitor. Alberta or Canada (section 33(a)); the
information is collected for the purposes
“Record” is defined in section 1(q) of of law enforcement (section 33(b)); or
the FOIP Act as a record of information the information relates directly to and is
in any form and includes notes, images, necessary for an operating program or
audio-visual recordings, x-rays, books, activity of the public body (section
documents, maps, drawings, 33(c)).
photographs, letters, vouchers and
papers and any other information that is Public bodies must be able to
written, photographed, recorded or demonstrate to the Information and
stored in any manner, but does not Privacy Commissioner that any proposed
include software or any mechanism that or existing collection of personal
produces records. In the context of this information by surveillance cameras is
Guide, “record” includes digitally authorized under one of the above
recorded or stored media such as images sections of the Act.
on videotape.
4. CONSIDERATIONS
“Storage Device” refers to a videotape,
computer disk or drive, CD ROM or
PRIOR TO USING
computer chip used to store the recorded SURVEILLANCE
visual images captured by a surveillance CAMERAS
system.
In order to comply with Part 2 of the
3. COLLECTING FOIP Act, the FOIP Guidelines and
Practices publication recommends that
PERSONAL
public bodies consider the following
INFORMATION USING before deciding to use surveillance:
SURVEILLANCE
CAMERAS • Surveillance cameras should be used
only where conventional means for
Any record of the image of an achieving the same objectives are
identifiable individual is a record of substantially less effective than
personal information. Since surveillance surveillance and the benefits of
systems collect personal information surveillance substantially outweigh
about identifiable individuals, public any reduction of privacy in the
bodies must determine if they have the existence and use of the system.

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 Guide to Using Surveillance Cameras in Public Areas

• The use of a surveillance camera information obtained would far

should be able to be justified on the outweigh the violation of privacy of
basis of verifiable, specific reports of the individuals observed.
incidents of crime (e.g. vandalism,
theft), safety concerns or other A public body that regularly uses
compelling circumstances. covert surveillance as a case-specific
investigation tool for law
• A Privacy Impact Assessment (PIA) enforcement purposes may, as part of
should be completed to assess the sound privacy protection practices,
effects that the proposed surveillance consider developing a protocol that
system may have on privacy and the establishes how the decision is made
ways in which any adverse effects to use covert surveillance in a given
can be mitigated (see Chapter 9). In case. The protocol could also include
Investigation Report F2003-IR-005, privacy protection practices for the
the Commissioner referred to the operation of the system.
PIA previously submitted by the
local public body as a basis for his 5. DEVELOPING A
findings. SURVEILLANCE SYSTEM
POLICY
• Consultations may be conducted
with relevant stakeholders as to the
necessity, and acceptability to the Once a decision has been made to use a
public, of the proposed surveillance. surveillance system, a public body
should consider developing and
• Ensure that the proposed design and implementing a policy for the operation
operation of the system creates no of the system. Such a policy should be
greater privacy intrusion than is written and should include:
absolutely necessary to achieve its
goals. • the use of the system’s equipment,
including the location of recording
• Prior to deciding to use covert equipment, which personnel are
surveillance for a purpose other than authorized to operate the system, the
a case-specific law enforcement times when surveillance will be in
activity, public bodies should effect, and the location of reception
conduct a comprehensive PIA and equipment. Where the system creates
provide it, together with the case for a record, the policy should also deal
implementing covert surveillance to with the access, use, disclosure,
the Office of the Information and retention and destruction of those
Privacy Commissioner. records (see Chapter 7);

The purpose of the PIA is to ensure • the designation of a senior person to

that covert surveillance is the only be responsible for the public body’s
available option and that the benefits privacy obligations under the Act
derived from the personal and the policy. Any delegation of the

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Guide to Using Surveillance Cameras in Public Areas

individual’s responsibilities should • Recording equipment such as video

be limited and should include only cameras should be installed in
other senior staff; identified public areas where
surveillance is a necessary and viable
• a requirement that employees and detection or deterrence activity.
contractors review and comply with
the policy in performing their duties • Recording equipment should not be
and functions related to operation of positioned, internally or externally,
the surveillance system. Employees to monitor areas outside a building,
should be subject to discipline if they or to monitor other buildings, unless
breach the policy or the provisions of necessary to protect external assets
the FOIP Act or other relevant or to ensure personal safety. Cameras
statute. Where a contractor fails to should not be directed to look
comply with the policy or the through the windows of adjacent
provisions of the Act, it would be buildings.
considered a breach of contract
leading to penalties up to and • Equipment should not monitor areas
including contract termination. where the public and employees
Employees and contractors (and their have a reasonable expectation of
employees) should sign written privacy (e.g. change rooms and adult
agreements regarding their duties washrooms). Note that there may be
under the policy; situations where surveillance
equipment may need to be installed
• the incorporation of the policy into close to or at an entry to a children’s
personnel (and contractor’s washroom in a public building to
employee) training and orientation monitor or deter potential criminal
programs. Public body and activity against children.
contractor personnel should
periodically have their awareness of • The use of surveillance should be
the policy and Act refreshed. The restricted to periods when there is a
policy should be reviewed and demonstrably higher likelihood of
updated regularly, ideally once every crime being committed and detected
two years. in the area under surveillance. The
Commissioner considered the
6. DESIGNING AND reporting of increased criminal
INSTALLING activity in a specified area in
Investigation Report F2003-IR-005.
SURVEILLANCE The Commissioner weighed this in
EQUIPMENT relation to a predetermined and
specific geographical area and
In designing a surveillance system and timeframe.
installing equipment, the following
guidelines should be kept in mind: • The public should be notified, using
clearly written signs prominently

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 Guide to Using Surveillance Cameras in Public Areas

displayed at the perimeter of • All tapes or other storage devices

surveillance areas, of surveillance that are not in use should be stored
equipment locations, so the public securely in a locked receptacle
has ample warning that surveillance located in a controlled access area.
is or may be in operation before All storage devices that have been
entering any area under surveillance. used should be numbered and dated.

The signs should identify someone • Access to the storage devices should
who can answer questions about the only be by authorized personnel.
surveillance system and include an Logs should be kept of all instances
address or telephone number for of access to, and use of, recorded
contact purposes. material.

• Only authorized persons should have • Written policies on the use and
access to the system’s controls and to retention of recorded information
its reception equipment. should cover:

• Reception equipment should be in a − who can view the information

controlled access area. Only the and under what circumstances?
controlling personnel, or those (e.g. because an incident has
properly authorized in writing by been reported or is suspected to
those personnel according to the have occurred);
policy of the public body, should
have access to the reception − how long the information should
equipment. Video monitors should be retained where viewing
not be located in a position that reveals no incident or no incident
enables public viewing. has been reported? (e.g.
information should be erased
7. ACCESS, USE, according to a standard
schedule). In Investigation
DISCLOSURE,
Report F2003-IR-005, the
RETENTION AND Commissioner referred to a 21-
DESTRUCTION OF day retention period.
SURVEILLANCE
RECORDS − how long the information should
be retained if it reveals an
If the surveillance system creates a incident? (e.g. if the personal
record by recording visual information information is used to make a
that is personal information, the decision that directly affects the
following policies and procedures should individual, section 35 of the Act
be implemented by public bodies and requires the recorded information
should form part of the policy discussed to be kept for at least one year
in Chapter 5: after the decision is made).

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Guide to Using Surveillance Cameras in Public Areas

• If the surveillance system has been 8. AUDITING THE USE OF

installed for public safety or SURVEILLANCE
deterrence purposes but detects
possible criminal activity or non- SYSTEMS
compliance with or breach of a
statute that could lead to a penalty or Public bodies should:
sanction under an enactment of
Alberta or Canada, the storage • ensure that their employees and
devices required for evidentiary contractors are aware that their
purposes should be retained and operations are subject to audit and
stored according to standard that they may have to justify their
procedures until law enforcement surveillance interest in any
authorities request them. individual. An audit clause should be
added to any contract for the
A storage device release form should provision of surveillance services;
be completed before any storage
device is disclosed to such • ensure that they appoint a review
authorities. The form should state officer to periodically audit, at
who took the device and when, under irregular intervals, the use and
what authority, and if it will be security of surveillance equipment,
returned or destroyed after use. including cameras, monitors and
storage devices. The results of each
• An individual who is the subject of review should be documented and
the information has a right of access any concerns addressed promptly
to his or her recorded information and effectively.
under section 6 of the Act. Policies
and procedures should accommodate 9. ROLE OF THE
this right. Access may be granted in INFORMATION AND
full or in part depending upon PRIVACY
whether any of the exceptions in
Division 2, Part 1 of the Act apply
COMMISSIONER
and whether the excepted
information can reasonably be The personal information recorded by a
severed from the record. public body’s surveillance system, and
the public body’s practices respecting
• Old storage devices must be securely the personal information, are subject to
disposed of by shredding, burning or the privacy protection provisions in Part
magnetically erasing the information. 2 of the Act. The Information and
Breaking open the storage device is Privacy Commissioner can monitor and
not sufficient enforce compliance with those
provisions. The Commissioner may also
conduct audits of the surveillance
systems of public bodies to ensure

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 Guide to Using Surveillance Cameras in Public Areas

compliance with the provisions of Part 2

of the Act.

The Commissioner’s methodology and

process for Privacy Impact Assessments
can be found at www.oipc.ab.ca. Also,
see the FOIP Guidelines and Practices
publication for information on
conducting PIAs.

The completed PIA, together with the

case for implementing a surveillance
system, as opposed to other measures,
should be sent to the Office of the
Information and Privacy Commissioner
for review and comment early in the
process and certainly prior to making a
final decision to proceed with
surveillance.

Details of the security measures to be

implemented for a proposed surveillance
system may be placed in an appendix or
attachment to the PIA so that they can be
kept confidential if the PIA is published
by the Commissioner.

If the public body intends to

significantly modify or expand the
surveillance system, consult with the
Office of the Information and Privacy
Commissioner. The Commissioner may
conduct a site visit to assess the impact
of the proposed modification.

For general information and background

material, the Office of the Information
and Privacy Commissioner has released
a literature review on privacy
surveillance as it affects social
behaviour. It is available on the
Commissioner’s website at
www.oipc.ab.ca.

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Guide to Using Surveillance Cameras in Public Areas

BIBLIOGRAPHY

1. Public Surveillance System Privacy Guidelines, Office of the Information and Privacy
Commissioner, British Columbia, OIPC Policy 00-001, June 21, 2000.

2. Video Surveillance: The Privacy Implications, The Information and Privacy

Commissioner, Ontario, Practice No. 10.

3. Video Surveillance by Public Bodies: A discussion, Investigation Report P98-012,

Office of the Information and Privacy Commissioner, British Columbia, March 31,
1998.

4. Covert Surveillance in Commonwealth Administration: Guidelines, Human Rights

and Equal Opportunity Commission, February 1992.

5. Literature Review on Issues of Privacy and Surveillance Affecting Social Behaviour,

Office of the Information and Privacy Commissioner, Alberta, August 2003.

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