Am I allowed to have a nanny cam in my rental unit that’s activated when someone enters the unit?
I'm thinking, for example, of when a repair person or the landlord comes into the unit. Do I have to inform them of the camera?
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Jennifer
Port Moody, BC
Many people push back on surveillance cameras, on the grounds that they invade privacy. Are they legal? The answer depends on whether an individual has a reasonable expectation of privacy in a given situation.
We all expect privacy in our own home — so you can’t have a nanny cam on at all times. But repair persons fall in a different category. A nanny cam whose role is to ensure the safety and integrity of the home may be allowed, as long as it’s used only for that purpose. You should notify workers that a security system is in place.
As for your landlord, again it comes back to the camera’s purpose. If it’s to ensure safety and prevent theft, that would be okay. You should inform your landlord that the camera is there prior to their visit.
If you’re going to record audio along with your video footage, you should get explicit consent. (Recording audio without permission can be a breach of privacy laws.) Also, it’s a good idea to have a system for managing the footage. You should ensure that it’s stored securely and password-protected. And that it gets deleted after a certain period of time. Such practices can help you stay onside of privacy laws.
Notwithstanding the above, filming in private areas, like bathrooms, is a no-go — even casual visitors to a home have a reasonable expectation of privacy in those spaces.
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Andrea Fammartino
Alexander Holburn