In a rental building, is the management permitted to have security cameras monitoring the hallway?

You’re not alone in asking about security cameras and privacy. At this webinar on privacy rights, many attendees had similar questions:

• “In a strata complex, can security cameras be trained on areas other than the entrance and exit to the complex? For instance, could they show individual doorways? Could they show common areas such as pool or garden areas that are nowhere near a parking lot or entry and exit points?”

• “What are the rights to privacy in an Airbnb? Can the property owner have a camera or other device that records what the guests are saying and doing?”

• “What about video surveillance of caregiving — i.e. an elderly person or child inside a private home?”

In BC, security cameras are allowed in common areas of a building. Cameras can be used for safety and security purposes, as long as they comply with privacy laws.

Under our province’s Personal Information Protection Act, individuals are entitled to a reasonable expectation of privacy, but not everywhere. The entrance to a rental building is considered a public place. Same goes for other areas the public can access, like a community gym or pool. Management can argue these cameras are necessary to enforce safety and security, especially if there have been reported incidents in these public spaces.

As for inside hallways, if the camera can “see” into a renter’s unit, the renter has a good argument that there’s an invasion of privacy. Less so if the camera angle just shows the hallway.

There are places that everyone considers private — bathrooms or changing rooms — where cameras are not allowed. 

With power comes responsibility

Management has a duty to inform tenants about cameras and where they will be placed. It’s recommended that management post a notice about the use of the cameras in a place that is visible at (or before) the point someone enters the premises. That way people can choose not to enter if they don’t wish to consent to being videotaped. 

Additionally, management should have a system for how data is stored, protected and deleted (and they must tell you if any footage is stolen or goes missing). This system can be shared with tenants and occupants via a privacy policy.  

Steps you might take

If you feel cameras are being used inappropriately, bring up your concerns with management or your unit’s owner. This might be a conversation or a written letter — whatever you feel most comfortable with. If you have concerns about specific practices, provide examples that make your point clear.