PIPEDA Findings #2022-006: Investigation into Trimac’s use of an audio and video surveillance device in its truck cabins
A truck driver complained that Trimac Transportation Services Inc. (Trimac) installed a dash camera in his vehicle that continuously recorded audio and video without his consent, particularly concerned with audio recording. The OPC investigated two main issues: the appropriateness of the audio recording functionality and whether employee consent was required. The OPC found that Trimac's continuous audio recording, even when drivers were off-duty, was disproportionately privacy-intrusive, despite legitimate business needs. Trimac also initially failed to be transparent about the disciplinary purposes of the system, meaning it could not rely on the employment relationship exception to consent. Trimac agreed to implement recommendations to limit audio recording to on-duty hours and restrict access to recorded clips, and has since clarified the system's disciplinary uses to employees. The OPC found the audio recording issue well-founded and conditionally resolved, and the consent issue well-founded and resolved.
- 1Whether road safety, asset protection, and employee performance management are appropriate purposes for the continuous collection of in-cabin audio via the System, including when drivers are off-duty and not driving, under subsection 5(3) of PIPEDA.
- 2Whether the collection of sensitive personal information (in-cabin audio) was justified given the legitimate need, effectiveness, less privacy-invasive means, and proportionality.
- 3Whether employee consent was required for the collection of personal information via the System, specifically whether Trimac could rely on the exception to consent under subsection 7.3 of PIPEDA.
- 4Whether Trimac was sufficiently transparent about the disciplinary purposes of its dash camera system to rely on the subsection 7.3 exception to consent.
- Audio recording: Found disproportionately intrusive
- Transparency of disciplinary use: Found lacking
- Consent for audio recording: Found required
- Resolution of audio recording: Conditionally resolved
- Resolution of consent issue: Resolved
Complaint well-founded and conditionally resolved (audio recording); Complaint well-founded and resolved (consent)
The OPC found the continuous audio recording disproportionately privacy-intrusive as less privacy-invasive means were available and the loss of privacy was not proportional to the benefits. Trimac's initial lack of transparency regarding disciplinary uses meant it could not rely on the consent exception, though subsequent actions resolved this.
Trimac was recommended to limit the audio recording function to on-duty hours and driving instances, and to implement technological safeguards to limit access to recorded clips. Trimac agreed to implement these recommendations.
- subsection 5(3) PIPEDA
- Principle 4.3 PIPEDA
- subsection 7.3 PIPEDA
This summary is informational only and not legal advice.
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