Federal (Canada)Privacy ActResolved

Video surveillance of employees vs. right to privacy - a delicate balance - November 13, 2014

Organization: Canada Border Services Agency (CBSA)Complainant: Anonymous applicant
Plain-language brief

An employee of the Canada Border Services Agency (CBSA) complained on behalf of colleagues that the CBSA was using video monitoring to collect personal information for the purpose of monitoring employee conduct and performance, beyond the original safety and security purposes. The complainant also alleged insufficient signage. The OPC found the signage issue was resolved early in the investigation as the CBSA added more signs. Regarding the use of video for monitoring conduct and performance, the CBSA updated its policy to clarify that video technology would not be used for performance monitoring. The OPC accepted the CBSA's rationale for using video recordings to investigate serious misconduct, finding it met the standard for collection under section 4 of the Privacy Act. However, the resolution was conditional on the CBSA providing updated guidelines for implementing its policy.

Key issues
  1. 1Whether the CBSA's use of video monitoring for employee conduct and performance monitoring contravened the Privacy Act
  2. 2Whether the collection of personal information via video technology was necessary and related directly to an operating program or activity of the institution under section 4 of the Privacy Act
  3. 3Whether the CBSA had sufficient signage to inform employees of video monitoring
Outcome breakdownFavours: Both, in part
  • Signage for video surveillance: Issue resolved by institution
  • Use of video for performance monitoring: Policy updated by institution
  • Use of video for misconduct investigation: Collection upheld under Privacy Act
  • Implementation guidelines: Conditional resolution pending guidelines
Outcome

Complaint well-founded, conditionally resolved

Reasoning

The CBSA updated its policy to address concerns about performance monitoring and provided a rationale for conduct monitoring that met the Privacy Act's standards. However, the resolution was conditional on the CBSA providing updated implementation guidelines to the OPC's satisfaction.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The CBSA committed to providing updated scenarios/guidelines for implementing its video monitoring policy, which the OPC will review for consistency with the CBSA's representations.

Statutes considered
  • s.3 Privacy Act
  • s.4 Privacy Act

This summary is informational only and not legal advice.

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