The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.
The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.
For full contact information and a brief bio, please see David's profile.
The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.
This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.
Friday, December 17, 2004
I haven't found a copy of the decision in this matter, so I only have the following news report to go on...
It appears that the union representing workers at the Canadian National Railway yard in Winnipeg has sought an injunction to prevent the railway from using hidden cameras in a machine shop (see CN Rail turns on hidden cameras to investigate vandalism). The court, according to the Winnipeg Sun, granted the injunction in part: the railway can only use the cameras in the interests of safety, not for any discipline proceedings. If the judge relied on PIPEDA, which is not clear from the report below, it would be the first case of its kind.
Winnipeg Sun: NEWS - Partial victory for union:
"CN limited to four cameras
By KATHLEEN MARTENS, BUSINESS REPORTER
A judge has given CN Rail workers in Winnipeg a partial victory in their fight to kill hidden cameras watching them work. Queen's Bench Justice Wallace Darichuk yesterday granted an interim injunction sought by Canadian Auto Workers Local 100 on behalf of 90 members at the Transcona Wheel Shop.
Injury or death
His order, effective immediately, limits the railway to using four ceiling cameras in the interests of safety only -- not for suspicions about productivity or sabotage.
Darichuk said he was swayed by the railway's argument that unexplained breakdowns of equipment could cause injury or death. Court heard wheel mechanisms repaired in the shop have broken down up to five times a day this month and that's why CN brought in the cameras and turned them on Dec. 7. ..."
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