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.

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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.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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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.

Monday, February 04, 2008

Montreal Second Cup owner forced to take down bathroom surveillance camera 

I got a number of calls today from media outlets today about a controversy that has erupted in Montreal. It appears a Second Cup franchisee recently installed a fake surveillance camera in bathroom stalls in an effort to dissuade drug users from using the bathrooms to shoot up.

My thoughts are summed up in the following quote from the Canadian press:

The Canadian Press: Montreal Second Cup owner forced to take down bathroom surveillance camera

... Still, privacy advocates are uncomfortable with the creeping presence of cameras in more intimate places such as bathrooms. Whether the camera works or not, the effect, they say, is the same.

"One of the weird things about this area of law is the fact that it is designed in many ways to protect people's feelings," said David Fraser, a privacy lawyer based in Halifax. ."It's about people not wanting to feel they're under surveillance."

For Fraser, the underlying issue is the sense of violation that comes with feeling one's private space is being subjected to anonymous, prying eyes.

"There isn't any real material difference between a fake camera and a real camera," he said. "Whether they're real or fake, you still have the feeling of being watched." ...

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