Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 337 Surveillance “If all that has to be done to win legal and social approval for surveillance is to point to a social problem and show that surveillance would help to cope with it, then there is no balancing at all, but only a qualifying procedure for a license to invade privacy.”779 Surveillance is the close observation or listening of a person or place in the hope of gathering evidence.780 Video and audio surveillance systems are inherently privacy invasive, especially when used by local authorities. Surveillance systems enable governments to monitor and record individuals’ actions and speech. Many local authorities turn to video surveillance to help them fulfill their obligations to protect the safety of individuals and the security of their equipment and property. Video footage captured by cameras is regularly used to assist in the investigation of wrongdoing. However, the use of these surveillance technologies can put individuals’ privacy at risk. Therefore, it is important to carefully consider both whether it is appropriate to install video surveillance and how it is used.781 Local authorities should ask if the surveillance system is necessary or if there is a less privacyinvasive option that achieves the same goal. Secondly, since surveillance systems collect personal information, local authorities should ensure it has the authority under LA FOIP to collect personal information or The Health Information Protection Act to collect personal health information. It should also consider if it has authority to use and/or disclose the personal information that is collected. Thirdly, local authorities must ensure it is meeting is obligations under LA FOIP. This includes notifying the public of the collection of personal information (subsection 25(2) of LA FOIP) the duty to protect (section 23.1 of LA FOIP) as well 779 Alan Westin, Privacy and Freedom. Taken from ON IPC resource, Guidelines for the Use of Video Surveillance, October 2015 at p. 1. Available at 2015_Guidelines_Surveillance.pdf (ipc.on.ca). Accessed December 29, 2022. 780 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1746. 781 ON IPC resource, Guidelines for the Use of Video Surveillance, October 2015 at main page introducing the resource. Available at Guidelines for the Use of Video Surveillance - IPC. Accessed December 29, 2022.
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