2009 December 26

Every country has its own privacy and surveillance laws. You will want to check your local laws regarding hidden cameras and other covert surveillance before installing your new equipment.

This article will give a brief overview of the applicable laws in a few of the home countries of our most frequent international visitors.

Canada

In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) generally require a person’s consent before video or audio recording them in a commercial or business situation.

The consent can either be expressly given (either orally or in writing) or it can be implied (such as clearly posting notice of the surveillance or advising callers of the recording of calls).

There are specific procedures outlined in PIPEDA which must be followed for a legal recording. If you plan to record calls or conversations with customers or clients, you should consult PIPEDA for its particulars.

PIPEDA also applies to workplace/employee surveillance situations. Pursuant to PIPEDA, an employer must usually advise its employees of any personal information it is collecting from them and why it is collecting the information.

This can include video surveillance, phone monitoring, keystroke recording and email review. An employer should only collect information necessary to the employer’s stated purpose in collecting it.

An individual (as opposed to a business) can record conversations with the consent of one party to a conversation. If you are taking part in the conversation yourself, the consent can come from you.

With regard to video surveillance, Canada has passed a video voyeurism law, making it a crime to surreptitiously observe or record a person who has a reasonable expectation of privacy in the circumstances and is or is expected to be nude or partially nude or involved in sexual activity.

You can’t legally place cameras in bathrooms or locker rooms. You can’t legally set up a camera to record in your roommate’s bedroom.

Keep in mind that, in addition to federal laws in Canada, your home province may also have privacy, surveillance and/or voyeurism laws which should be reviewed as well.

United Kingdom

Public surveillance cameras (also known as closed circuit TV – or CCTV) have been in heavy use in Britain for over thirty years. It has been suggested that there are more CCTV cameras in use in the U.K. than anywhere else in the world.

The Data Protection Act of 1998 (DPA) covers use of CCTV surveillance cameras in the U.K. It does not, however, apply to individuals who might use cameras for personal or household uses – just to businesses.

Individuals using such cameras must still make sure that they are not breaking British voyeurism laws by peeping into private spaces – these are similar to voyeurism laws in Canada and the U.S.

The Information Commissioner’s Office has issued DPA guidelines for businesses using CCTV monitoring. There must be visible signs indicating that the cameras are in use on the premises and the cameras must be placed in spots which allow the best images but avoid recording people outside of the business premises.

The images recorded must be securely stored and not provided to anyone other than those responsible for the monitoring in the business and to law enforcement. Check with the ICO for any other requirements your business may have regarding video surveillance.

If cameras are used to monitor workers, they must not be installed anywhere deemed private, such as toilets or private offices.

The ICO suggests that workers should generally be told they are being surveilled but says that covert or hidden monitoring may be acceptable if it is an exceptional situation and the employer intends to involve law enforcement in the investigation.

In the U.K., you should also consider whether or not your planned surveillance complies with the Regulation of Investigatory Powers Act (RIPA), which covers the monitoring of electronic communication.

RIPA allows individuals to secretly record conversations for their own use. It only becomes illegal if the recording is made available to someone else.

If the person doing the recording plans to use the recorded conversation in court or plans to disclose the recording in any way, he will have to get consent from the person he is recording. There are a few exceptions to the basic RIPA requirements for businesses.

A business may record a conversation without anyone’s consent to provide evidence of a business transaction, to prove regulatory compliance, to prevent or detect a crime, for national security or secure effective operation of a phone network. For any other purpose, the company must get the consent of the person being recorded.

Similar to the ICO’s guidelines on the use of CCTV to monitor employees by video, RIPA guidelines suggest the electronic monitoring – email, telephone calls and such – of employees should also be overt and as non-intrusive as necessary to meet the goal of the surveillance.

For example, companies that routinely record phone calls in the regular course of business should provide their employees with a way to make necessary personal calls that are not recorded.

The Home Office and the ICO have issued helpful guidelines and checklists for businesses to use when considering video or other surveillance.

Other European Union Nations

Over the last ten years or so, the European Union (EU) has issued directives to its members regarding human rights and data protection. The result has been legislation in each country which complies with the basic directives. The British laws described above are good examples.

Without investigating the laws of each European country here, it is safe to say that they all have similar laws to the laws passed in Britain regarding monitoring and surveillance.

As always however, you should review the laws applicable in your own country and province and/or consult with a lawyer.

The newest surveillance technology can be a wonderful help in a difficult personal situation. It can also help you keep your business running smoothly and profitably. But it can also be misused and cause you some pretty serious legal headaches if you don’t understand the applicable laws before using it.

So, if you’ve decided to purchase some fantastic new monitoring equipment, take a quick look at your surveillance and privacy laws before you press the “record” button – do your monitoring the right way and you just might save yourself a lot of trouble in the end!

By: Sharon Macdonald

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Miniature security cameras are not only easy to hide, but they are often less expensive than larger devices. Some mini cameras are as small as only several millimeters and thus are difficult to detect. The purpose of these devices is somewhat different from traditional security cameras. In a traditional sense, security cameras are supposed to be noticed and serve as a deterrent as well as a look out and evidence recorder. Hidden cameras serve a slightly different purpose in areas that need increased security or in situations in which those on video should not know they are being watched or recorded.

For security purposes, it is sometimes advantages for the public to be unaware of certain cameras. For example, in a bank robbery situation, the robber might be aware of the large mounted cameras overhead, and by carefully avoiding their view they may overlook a mini security camera staring them strait in the face. This technique transcends multiple business situations such as convenient stores, fast food restaurants, and jewelry stores, and is just one way that a business owner can be smarter than the thief.

In an office or employment environment, it is often worth keeping employees under surveillance, especially when employees are left unattended. This allows a manager or owner to evaluate performances of employees when they are not being supervised. This can be an invaluable tool for increasing the productivity of individuals and businesses overall.

Mini cameras are also handy gadgets to have around the house if you have little ones or a sneaky teenager, but they are also extremely valuable for home security. Again, visible security will serve as a great deterrent, but in the event that a burglary attempt is made, a mini security camera is much more likely to pull through with some hard evidence.

There are a number of options and features for mini cameras such as special software, wired or wireless video transfer, black/white or color, various resolutions, night vision, dome or bullet style, and even infrared. It is important to choose a camera that fits the specific security needs of a particular space. The majority of mini security cameras have a 3.6 mm or 6mm pinhole lens which give a 65 to 85 degree viewing area. Resolutions can range from 330 lines to 480 lines.

Mini security cameras offer recorded evidence, real-time monitoring, a decrease in losses due to theft, employee surveillance, child monitoring, as well as a number of uses for research and development. As you browse various security cameras, determine your security needs, based on the type and intensity of surveillance that will provide the right effect. Perhaps a mini security camera is just the thing you have been looking for.

By: Mike J Ward

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A few years ago, the average person would have thought it absurd to buy a hidden surveillance camera. That’s something spy agencies and PI’s specialize in…right? Well, not so much anymore.

With the conscientious business owner becoming more aware of the growing need for security, this seems a little more reasonable. Not only is it smart to provide security for your business and inventory, you might also think about your employee’s security. Especially if there is cash being exchanged!

Not sure about the new employee you just hired? Now you have a foolproof way to keep an eye on them without their knowledge. Think about it, you perform better when your boss is in the room, right? But don’t you tend to slack off, check personal emails, take extended smoke breaks, and chat with co-workers when you know the boss is gone or in a meeting? Your employees are no different! But their behavior may be a little more disturbing than you think. Here’s a way to make sure your business isn’t being damaged either physically or by reputation while you are absent.

And really, if your employee isn’t doing anything wrong, why would they have a problem being recorded? Now, bear in mind, this is not so you can nit pick on everything your employee does wrong…it’s to address the major issues you don’t feel you can let slide.

Ok, so now the latest craze is the DVR. For the not so tech savy, its kind of like a digital VCR. In some cases, you have a hidden camera connected in one way or another to a stand alone or external DVR.

Even better are the hidden cameras with built-in DVR’s. Talk about nice! They are usually only about a pound heavier and come with a removable SD or memory card so you can view your videos on your computer.

One more step up from that…and, ahhhh, we have the remote access DVR that is viewable via cell phones, internet, phone lines, LAN and WAN to name a few. Who wants to work from 9 to 5 and then come home to 8 or 9 hours (depending on how long your commute was) of video to watch? This way you can check in on your house, kids, business, warehouse, or even an elderly parent in a nursing home to make sure they are safe and their needs are being met.

I’m fortunate enough to be able to stay home with my daughter at the moment. But if I wasn’t??? I am the worry wart, paranoid mother who would definitely want to be able to see my daughter during the day via streaming video! Not just to check up on the nanny, but to give myself the peace of mind that my child is still alive, unhurt and breathing fine. Ok, slight exaggeration there, but you get the point!

By: Andrea Markham

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So you have to go back to work. The thought of leaving your child with a sitter no matter how many recommendations they have can make any parent nervous. There are many horror stories of abusive or neglectful nannies on TV, the internet and in your daily hometown paper.

There are two choices for you after installing a Nanny Cam or hidden spy camera, one tell the nanny that there is a camera to protect her and you from any happenings over the course of the day. A honest and dependable nanny will have no problem with this and should welcome it as a way of protecting herself should your child get hurt or sick.

If you are not comfortable with letting them know about the cameras, or have a feeling that something is not right then install a hidden camera so you can have peace of mind that your child is not being abused or neglected in any way. There are a variety of cameras, teddy bears, plants, fans, smoke detectors that will all do the trick.

Nanny cams are also going to show what is going on over the course of the day, are your children or child being fed in a timely manner, is the baby being changed and given enough attention. Is the nanny letting the children run wild and talking on the phone or just watching TV? When it comes to your children it is always better to be safe than sorry.

The benefits far outweigh the price of a few hidden spy cameras, placed strategically around your home.

By: Pat Prevendar

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