ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER P September 10, 2018 PRIMARIS MANAGEMENT INC. Case File Number

Similar documents
ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 12, 2014 ALBERTA JUSTICE AND SOLICITOR GENERAL

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 20, 2017 EDMONTON POLICE SERVICE. Case File Number F8141

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER P August 13, NINKOVICH GRAVEL LTD. and SAFETY DOCUMENTS

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F February 9, 2018 CITY OF EDMONTON. Case File Number

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 10, 2018 EDMONTON POLICE COMMISSION. Case File Number

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 15, 2011 CALGARY POLICE SERVICE. Case File Number F5425

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F June 4, 2018 ALBERTA HUMAN RIGHTS COMMISSION. Case File Number F8587

Order BRITISH COLUMBIA ARCHIVES. Celia Francis, Adjudicator August 21, 2002

Order F05-33 CITY OF BURNABY. Mary Carlson, Adjudicator October 7, 2005

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F June 30, 2016 CALGARY POLICE SERVICE. Case File Number F7689

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 19, 2013 WORKERS COMPENSATION BOARD. Case File Number F5771

Order MINISTRY OF CHILDREN AND FAMILY DEVELOPMENT. Celia Francis, Adjudicator September 1, 2004

Decision F08-06 TOWNSHIP OF LANGLEY. Celia Francis, Senior Adjudicator. July 16, 2008

GUIDE TO OIPC PROCESSES (PIPA)

Review and Investigation Procedures

Order F09-18 VANCOUVER POLICE DEPARTMENT. Celia Francis, Senior Adjudicator. November 6, 2009

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F March 28, 2017 WORKERS COMPENSATION BOARD. Case File Number F8005

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 8, 2016 UNIVERSITY OF LETHBRIDGE. Case File Number

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 26, 2015 ALBERTA JUSTICE AND SOLICITOR GENERAL

Order VANCOUVER POLICE DEPARTMENT. Celia Francis, Adjudicator September 1, 2004

Order F05-21 LAND AND WATER BRITISH COLUMBIA INC.

MINISTRY OF HEALTH SERVICES

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 2, 2016 CALGARY POLICE SERVICE. Case File Number F7427

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ADJUDICATION ORDER #6. January 30, 2009 COMMISSIONER

Order CITY OF VANCOUVER

Order COLLEGE OF DENTAL SURGEONS OF BRITISH COLUMBIA

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F February 9, 2018 ALBERTA JUSTICE AND SOLICITOR GENERAL

ORDER F / H

Order F17-46 UNIVERSITY OF BRITISH COLUMBIA. Celia Francis Adjudicator. October 19, 2017

Order F08-06 MINISTRY OF COMMUNITY SERVICES. Michael McEvoy, Adjudicator. March 4, 2008

Order F12-12 MINISTRY OF JUSTICE. Catherine Boies Parker, Adjudicator. August 23, 2012

Frequently Asked Questions for Municipalities LOCAL GOVERNMENT BODIES RECORDS

Order F14-44 WORKERS COMPENSATION APPEALS TRIBUNAL. Elizabeth Barker, Adjudicator. October 3, 2014

PERSONAL INFORMATION PROTECTION ACT

BY-LAWS OF THE VILNA & DISTRICT MUNICIPAL LIBRARY

Order F07-07 ELECTIONS BRITISH COLUMBIA. David Loukidelis, Information and Privacy Commissioner. March 30, 2007

Order P18-01 COMPASS GROUP CANADA LTD. Elizabeth Barker Senior Adjudicator. January 23, 2018

ALBERTA INFORMATION AND PRIVACY COMMISSIONER

Decision F10-06 VANCOUVER COASTAL HEALTH AUTHORITY. Celia Francis, Senior Adjudicator. June 7, 2010

ALBERTA INFORMATION AND PRIVACY COMMISSIONER

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F March 3, 2017 CHILDREN S SERVICES. Case File Number F7907

Order F16-44 BC CORONERS SERVICE. Celia Francis Adjudicator. September 21, 2016

CODE OF PRACTICE FOR COMMUNITY- BASED CCTV SYSTEMS

NOVA SCOTIA FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

PERSONAL INFORMATION PROTECTION ACT REVIEW QUESTIONNAIRE

DATA PROTECTION (JERSEY) LAW 2005 CODE OF PRACTICE & GUIDANCE ON THE USE OF CCTV GD6

OFFICE OF THE INFORMATION & PRIVACY COMMISSIONER for Prince Edward Island. Order No. FI Re: Department of Finance.

ALBERTA INFORMATION AND PRIVACY COMMISSIONER ORDER May 3, 2000 ALBERTA CHILDREN S SERVICES. Review Number 1713

Order F14-57 OFFICE OF THE POLICE COMPLAINT COMMISSIONER. Ross Alexander Adjudicator. December 23, 2014

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER DECISION F2017-D-01. July 31, 2017 UNIVERSITY OF CALGARY. Case File Number F4833

2017 REVIEW OF THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (FIPPA) COMMENTS FROM MANITOBA OMBUDSMAN

HEALTH INFORMATION ACT

All Personal Information and data obtained through the use of the City s surveillance cameras will be property of the City of Camrose.

Office of the Information and Privacy Commissioner Province of British Columbia Order No July 11, 1997

Order MINISTRY OF WATER, LAND AND AIR PROTECTION

Analysis of the Workplace Surveillance Bill 2005

Order F14-20 MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE. Hamish Flanagan Adjudicator. June 30, 2014

Alberta Human Rights Commission. Bylaws. Pursuant to section 17(1) of the. Alberta Human Rights Act

Delegation of Director s Authority, Residential Tenancy Act and Manufactured Home Park Tenancy Act DELEGATION MATRIX March 16, 2012

Order F17-18 CITY OF WHITE ROCK. Elizabeth Barker Senior Adjudicator. April 12, 2017

Order F08-15 COLLEGE OF PSYCHOLOGISTS OF BRITISH COLUMBIA. Michael McEvoy, Adjudicator. September 4, 2008

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER H September 22, 2006 CALGARY HEALTH REGION. Review Number H0960

British Columbia. Health Professions Review Board. Rules of Practice and Procedure for Reviews under the Health Professions Act, R.S.B.C. 1996, c.

Security Video Surveillance Policy

Report A August 17, Legal Aid Commission of Newfoundland and Labrador

Order F17-40 BRITISH COLUMBIA TRANSIT CORPORATION. Celia Francis Adjudicator. September 25, 2017

SASKATCHEWAN OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER

Decision F08-08 INSURANCE CORPORATION OF BRITISH COLUMBIA. Celia Francis, Senior Adjudicator. July 24, 2008

Decision F08-07 MINISTRY OF LABOUR AND CITIZENS SERVICES. David Loukidelis, Information and Privacy Commissioner. July 24, 2008

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 9, 2016 ALBERTA JUSTICE AND SOLICITOR GENERAL

Order COLLEGE OF OPTICIANS OF BRITISH COLUMBIA

Order FRASER HEALTH AUTHORITY

Order CITY OF VANCOUVER. David Loukidelis, Information and Privacy Commissioner January 12, 2004

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F January 12, 2017 ALBERTA HEALTH SERVICES. Case File Number F8441

THE FREEDOM OF INFORMATION ACT, Arrangement of Sections PART I PRELIMINARY

NEWFOUNDLAND AND LABRADOR OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER

Decision F08-11 LAW SOCIETY OF BRITISH COLUMBIA. Celia Francis, Senior Adjudicator. December 5, 2008

Residential Tenancy Branch Rules of Procedure

Making official information requests

Order F Ministry of Justice. Hamish Flanagan Adjudicator. March 18, 2015

Civil Resolution Tribunal. Indexed as: Betuzzi v. The Owners, Strata Plan K350, 2017 CRTBC 6. Mark Betuzzi APPLICANT

SECURITY SERVICES AND INVESTIGATORS ACT

OMBUDSMAN BILL, 2017

Order VANCOUVER COASTAL HEALTH AUTHORITY

INTRODUCTION... 3 WHY DOES THE OIPC HOLD INQUIRIES?... 3 WHO PARTICIPATES IN AN INQUIRY?... 3 HOW LONG DOES AN INQUIRY TAKE?... 4

THE ANTHONY GRAINGER INQUIRY

UPDATES ON CHILDREN S CRIMINAL LAW ISSUES

FOIP Guidelines and Practices 2002 Edition Now Available

PERSONS WITH DEVELOPMENTAL DISABILITIES SERVICES ACT

OFFICE OF THE INFORMATION & PRIVACY COMMISSIONER for Prince Edward Island. Order No. FI Re: Department of Communities, Land, and Environment

Order F17-29 LAW SOCIETY OF BRITISH COLUMBIA. Celia Francis Adjudicator. May 11, 2017

Decision 070/2005 Ms R and the Scottish Tourist Board (operating as VisitScotland)

Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992

Decision F Jay Fedorak, Adjudicator. November 23, 2011

Order F09-24 MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL. Jay Fedorak, Adjudicator. November 19, 2009

DURHAM CONSTABULARY POLICY

CITY OF VANCOUVER BRITISH COLUMBIA

SASKATCHEWAN HUMAN RIGHTS CODE BILL. No. 160

Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 No 48

Order INQUIRY REGARDING THE UNIVERSITY OF BRITISH COLUMBIA S SEARCH FOR RECORDS

Transcription:

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER P2018-04 September 10, 2018 PRIMARIS MANAGEMENT INC. Case File Number 002097 Office URL: www.oipc.ab.ca Summary: The Applicant was employed by a tenant in the Organization s shopping mall. The Applicant was involved in an incident with an employee of the Organization, while performing his duties for his employer. The incident was captured on the Organization s video surveillance system. The Applicant requested a copy of the video. The Organization initially provided still photographs from the video, but refused to provide a copy of the video itself. The Applicant requested a review of the Organization s response, and subsequently requested an inquiry, which the Commissioner granted. The Adjudicator determined that the video cannot be withheld under section 24(2)(c) (information collected for an investigation or legal proceeding). While the Organization used the video in the course of an investigation, the video was not collected for the purpose of that investigation. The Adjudicator determined that the video contains personal information of third parties, which must be withheld. The Adjudicator accepted the Organization s arguments that in this case, it was not reasonable to require the Organization to sever the third party information from the video and provide the Applicant with access to the remainder. Statutes Cited: AB: Personal Information Protection Act, S.A. 2003, c. P-6.5, ss. 1, 24, 52. Authorities Cited: AB: Orders P2014-04, P2016-02. 1

I. BACKGROUND [para 1] The Applicant was employed by a tenant in the Organization s shopping mall. The Applicant was involved in an incident with an employee of the Organization, while performing his duties for his employer. The incident was captured on the Organization s video surveillance system. The Applicant requested a copy of the video. The Organization initially provided still photographs from the video, but refused to provide a copy of the video itself. [para 2] The Applicant requested a review of the Organization s response. The Complainant subsequently requested an inquiry, which the Commissioner granted. II. RECORDS/INFORMATION AT ISSUE: [para 3] The information at issue consists of a 23-second video clip from the Organization s video surveillance tapes. III. ISSUES [para 4] The Notice of Inquiry, dated January 8, 2018, states the issues for inquiry as the following: 1. Did the Organization refuse to provide access to the Applicant s personal information in its custody or control? 2. If the Organization refused to provide access to the Applicant s personal information in its custody or control, did it do so in accordance with section 24(2) (discretionary grounds for refusal) or with section 24(3) (mandatory grounds for refusal)? In particular, a. Did the Organization properly apply section 24(2)(c) (information collected for an investigation or legal proceeding) to any of the withheld information? b. Does section 24(3)(b) (information revealing personal information about another individual) apply to any of the requested information? 3. If the withheld records contain or consist of personal information of the Applicant, and if section 24(3)(b) applies to this information, is the Organization reasonably able to sever the information to which this section applies, and provide the personal information of the Applicant, as required by section 24(4)? IV. DISCUSSION OF ISSUES 1. Did the Organization refuse to provide access to the Applicant s personal information in its custody or control? 2

[para 5] The video consists of a short clip from a surveillance camera aimed down a wing of the Organization s premises (a mall); it also captures a portion of the Guest Services desk. The Applicant can be seen on the video, along with other members of the public. The Organization acknowledges that this video is in its custody and control. The Organization provided the Applicant with still pictures from the video but refused access to the video. The answer to this first question is yes. 2. If the Organization refused to provide access to the Applicant s personal information in its custody or control, did it do so in accordance with section 24(2) (discretionary grounds for refusal) or with section 24(3) (mandatory grounds for refusal)? a. Did the Organization properly apply section 24(2)(c) (information collected for an investigation or legal proceeding) to any of the withheld information? [para 6] The Organization cited section 24(2)(c) for refusing to provide a copy of the video to the Applicant. That provision states: 24(2) An organization may refuse to provide access to personal information under subsection (1) if (c) the information was collected for an investigation or legal proceeding; [para 7] The Organization argues that the video was used to investigate a report made by an employee of the Organization about the Applicant s conduct. I understand the Organization s argument to be that because the video was used as part of an investigation, it meets the criteria for section 24(2)(c). [para 8] In Order P2016-02, the adjudicator discussed the use of overt video surveillance on the premises of a condominium. She was specifically discussing whether the collection of video surveillance in that context could be characterized as information collected as part of an investigation under section 14 of the Act (circumstances where consent is not required to collect personal information). She concluded that (at para. 12): section 14(d) does authorize collection without consent when information is collected for the purpose of an investigation or for legal proceedings. However, it cannot be said the personal information of individuals collected through surveillance when no incidents are taking place, or are reasonably likely to take place, is collected for the purpose of an investigation or a legal proceeding. [para 9] She concluded this while acknowledging that video surveillance is ubiquitous and that it can be reasonably understood that when a condominium collects personal information through surveillance, the purpose is to maintain security and the value of the building (against vandalism) and to deter criminal acts. 3

[para 10] In order to meet the definition of investigation in section 1(1)(f) of the Act into a breach of an agreement, contravention of a law, or other circumstances that may result in a remedy at law, the conduct in question must have occurred or be likely to occur. The adjudicator s conclusion in Order P2016-02 is that when video surveillance is continuous and captures all activities, an investigation into a particular incident is not sufficiently likely; it is merely possible. Merely possible is not sufficient to authorize a collection without consent for the purpose of an investigation. I agree with this analysis (noting that surveillance targeted at a particular time, person, or place because a breach, contravention or similar conduct is reasonably likely to occur, may be interpreted differently). [para 11] Section 14(d) is not at issue in this inquiry; however, section 24(2)(c) is, and this provision applies only to information collected for the purpose of an investigation or legal proceeding. As the video surveillance was captured as part of the Organization s continual (i.e. not targeted) surveillance system, I find that the video was not collected for an investigation, as that term is defined in the Act. That the video was used in an investigation is not sufficient to meet the terms of this provision; any information collected by an organization might later be used in an unrelated investigation. This exception to access applies only where the information was collected for that investigation. [para 12] I find that section 24(2)(c) does not apply to the information in the video. b. Does section 24(3)(b) (information revealing personal information about another individual) apply to any of the requested information? [para 13] This provision requires the Organization to refuse access to information about third party individuals. It states: 24(3) An organization shall not provide access to personal information under subsection (1) if (b) the information would reveal personal information about another individual; [para 14] The Organization argues that the video contains personal information of third parties. I have reviewed the video; it is clear that other members of the public (patrons of the mall) are visible on the video. While the quality of the video is grainy, these individuals could be identifiable by people who know them. If find that section 24(3)(b) applies to this information in the video. [para 15] Section 24(3)(b) is a mandatory provision; if it applies, there is no ability for the Organization to exercise discretion to provide that information to the Applicant. 3. If the withheld records contain or consist of personal information of the Applicant, and if section 24(3)(b) applies to this information, is the Organization reasonably 4

able to sever the information to which this section applies, and provide the personal information of the Applicant, as required by section 24(4)? [para 16] I found that the video contains third party personal information. However, section 24(4) states that if the third party personal information can reasonable be severed from the video, the Organization must provide access to the remainder: 24(4) If an organization is reasonable able to sever the information referred to in subsection (2)(b) or (3)(a), (b) or (c) from a copy of the record that contains personal information about the applicant, the organization must provide the applicant with access to the part of the record containing the personal information after the information referred to in subsection (2)(b) or (3)(a), (b) or (c) has been severed. [para 17] The Organization argues that it is not reasonable to require it to sever the third party personal information from the video. It states (initial submission, at para. 22): [The Organization] evaluated methods for rendering the video of others aside from the Applicant non-identifiable. [The Organization] had no internal methods, such as software, for severing the personal information of others in the video. In order to have the video rendered non-identifiable, [The Organization] would have had to acquire new technology and train its staff on same or engage a third party service provider and incur significant costs. Doing so would have been unreasonable in the circumstances. [para 18] The Organization cites Order P2014-04 as support for its argument. In that Order, an applicant had requested recordings of telephone conversations between employees of an organization and the applicant s former spouse. The conversations included the applicant s own personal information, as well as that of his former spouse (specifically, her voice). The adjudicator considered whether the voice of the ex-spouse could be severed from the recordings such that they could be provided to the applicant without disclosing her personal information (her voice). The adjudicator found (at para. 21): I considered whether the voice of the ex-wife can be removed in the sense of being disguised, but I find that this would not be reasonable in terms of severing, which is a requirement in order to trigger section 24(4). Section 2 of PIPA states that the standard to be applied in determining whether something can be dealt with reasonably is what a reasonable person would consider appropriate in the circumstances. In my view, a reasonable person would not consider it appropriate for an organization to acquire and use some form of technology so as to be able to disguise voices on audio recordings. [para 19] I agree with this analysis. In this case, the Organization would have to obtain technology it does not currently have in order to remove, pixilate, or otherwise render nonidentifiable the personal information of the third parties. This would need to be done frame-byframe to ensure that the Applicant s movements, which cross the field of the camera s view, remain visible. To require this is not reasonable in this case, given the particular facts discussed above. 5

[para 20] I conclude that section 24(4) does not apply so as to require the Organization to sever the personal information of third parties in the video in order to provide the Applicant with a copy of the video. IV. ORDER [para 21] [para 22] I make this Order under section 52 of the Act. I find that section 24(2)(c) does not apply to the information in the video. [para 23] I find that section 24(3)(b) applies to the third party personal information in the video and it is not reasonable to require the Organization to sever this information. Amanda Swanek Adjudicator 6