Canadian privacy & access decisions

An employee complained that ESDC used video surveillance footage to monitor their departure times, alleging contraventions of the Privacy Act regarding collection and use of personal information. ESDC stated the footage was used for a fact-finding exercise due to allegations of early departures, and that the cameras were for security purposes. The OPC found that while the initial collection for security was compliant, ESDC failed to inform individuals about the collection purposes and used the footage for a purpose inconsistent with its original collection without consent. The OPC concluded that ESDC contravened sections 5 and 7 of the Privacy Act. ESDC agreed to adopt a clear policy for video surveillance use and to inform individuals about data collection purposes.

• Whether the collection of video surveillance footage constituted personal information under s.3 of the Privacy Act
• Whether the initial collection of video surveillance footage by ESDC was in compliance with s.4 of the Privacy Act
• Whether ESDC informed individuals of the purpose for collecting personal information via video surveillance, as required by s.5 of the Privacy Act
• Whether ESDC's use of video surveillance footage to monitor an employee's departure times was consistent with the purpose for which it was collected, as required by s.7(a) of the Privacy Act
• Whether ESDC obtained consent for the use of video surveillance footage for purposes other than security, as required by s.7(a) of the Privacy Act