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.

Sunday, October 19, 2008

OPCC begins consultation on covert surveillance guidance 

The Office of the Privacy Commissioner of Canada is seeking comments on a draft guidance document on covert surveillance. If you have something to say, you have until November 14, 2008:

Consultation on Covert Video Surveillance Draft Guidance Document (October 2008)

The Privacy Commissioner of Canada has prepared a draft guidance document that sets out good practice rules for private sector organizations that are either contemplating or using covert video surveillance.

Through our experience in investigating complaints about covert video surveillance under the Personal Information Protection and Electronic Documents Act (PIPEDA), we have identified a need to educate organizations on the obligation to ensure that covert video surveillance is conducted in the most privacy sensitive way possible. Although the use of covert video surveillance may be appropriate in some circumstances, we view the technology as being inherently intrusive.

We welcome feedback on the draft guidance below. In particular, we seek the comments of those directly affected by covert video surveillance, including unions representing employees of federally regulated organizations as well as consumer associations.

Thank you for your time and attention and we look forward to your comments.

Elizabeth Denham, Assistant Privacy Commissioner

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