Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 356 of events from an officer’s point of view as officers go about their daily duties. The highresolution digital images allow for a clear view of individuals and are suited to running video analytics software, such as facial recognition. Microphones may be sensitive enough to capture not only the sounds associated with the situation being targeted but also ambient sound that could include the conversations of bystanders.851 Apart from requirements under personal information protection statutes, the use of body worn cameras can inform other obligations law enforcement agencies need to be aware. For example, body worn cameras can record video images, sound, and conversations with a high degree of clarity. Thus, there may be additional concerns raised under the Canadian Charter of Rights and Freedoms, the Criminal Code or provincial legislation, for example, whether the use of body worn cameras in any given context intrudes on the public’s reasonable expectation of privacy or constitutes an interception of privacy communications, including in places accessible to members of the public. Law enforcement agencies also need to be mindful of additional legal implications whenever images and sound are recorded in private spaces, such as inside people’s homes or vehicles.852 When considering whether to use body worn cameras, it is recommended that the necessity, effectiveness, and proportionality test be applied. See Necessary, Effective & Proportional, earlier in this Chapter. For more information on this topic, see: Office of the Information and Privacy Commissioner of Saskatchewan • Guidance for the Use of Body-Worn Cameras by Law Enforcement Authorities (February 2015) - a document developed by the Office of the Privacy Commissioner of Canada in collaboration with the privacy oversight offices Alberta, New Brunswick, Quebec, British Columbia, Manitoba, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon: BWC guidance English latest version (oipc.sk.ca) • Advisory from the Office of the Information and Privacy Commissioner of Saskatchewan on police collecting personal information through bodycams, June 21, 851 SK OIPC, Guidance for the Use of Body-Worn Cameras by Law Enforcement Authorities, available at BWC guidance English latest version (oipc.sk.ca) at p. 1. Accessed December 22, 2022. 852 SK OIPC, Guidance for the Use of Body-Worn Cameras by Law Enforcement Authorities, available at BWC guidance English latest version (oipc.sk.ca) at p. 1. Accessed December 22, 2022.
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