Part 54 published on 01/05/16
Condominium corporation did not have consent to use surveillance video to identify ‘elevator scribbler’
The condominium corporation had installed various surveillance cameras on the common elements. Notices at the building entry indicated that the “Building is Monitored by Video Surveillance”. One of the owners had scribbled comments on a notice posted in the elevator. This was captured by a surveillance camera in the elevator. The condominium corporation purported to use the video footage to enforce alleged violations of the corporation’s by-laws (namely, the scribbling). The owner asserted that this use of the surveillance footage was a breach of privacy under Alberta’s Personal Information Protection Act (PIPA). The Adjudicator agreed.
The Adjudicator noted that the owners in the condominium had authorized the installation of the cameras. Visitors to the building were also notified of their presence. The Adjudicator found that all persons on the property had impliedly consented to surveillance specifically for the purposes of security and prevention of criminal conduct. However, the Adjudicator held that the surveillance footage could not be used as intended in this case (ie. to identify the scribbler).
The Adjudicator noted that consent is not necessary in order to collect personal information reasonably required for the purpose of an investigation in support of a potential legal proceeding (including enforcement of a condominium’s by-laws). However, in this case the Adjudicator said that consent was required to use the surveillance footage to identify the scribbler, because in this case there was no evidence of a clear violation of the corporation’s by-laws.