Sabtu, 19 Oktober 2013

What can an employer do with video footage that they claim is for security only?

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Bernadette


I live in Canada, and I'm just wondering what an employer is legally obligated to tell us about cameras that they claim to be using for security purposes only. They are currently being installed, and cover more areas than they previously stated for the use they previously stated. My question is not, IF they're allowed to have cameras (which many people thought I was asking in my last question) , but what they are allowed to use the footage for. For example, someone is caught talking on their phone when they should be working, are they allowed to terminate that employee because they caught them on a 'security' camera. If they're installing them to monitor employees, do they have to mention that? Also, if they take that footage and upload it online, or use it in a promotional video without our consent, is that an invasion of privacy? Please include references... I don't care for opinions, I need fact.

(Yes, I realize that I've asked this already, but people thought I was asking if they're allowed to have cameras, which I wasn't. I know they're allowed, I just want to know what they are legally allowed to do with that footage, and if they are obligated to inform us as to who has access to that footage, for privacy reasons. I don't want to go home and find my workplace online somewhere for everyone to see..... This company has been fined for privacy invasion and disclosure of personal information in the past, which is why I'm asking this.)



Answer
They could not use footage in a promotional video. You own the commercial rights to your likeness. If they did wish to use the footage in any sort of a commercial way, they would first be required to have you sign a release form. However, if you've signed any sort of employment contract with them, that contract, within its terms, may already contain such a release.

They also can not publish the video in any way that would misrepresent you, or cause you to suffer any undue loss or damage. If they did, they could be held liable for such losses or damage, and you could bring a civil action against them.

They can not film you in any area in which you possess a "reasonable expectation of privacy." It would be illegal, for instance, for them to place cameras in the restroom, or a changing room -- anyplace where a reasonable person would reasonably expect that they're in a private area and are free from unwanted observation.

Other than what's mentioned above, however, they're pretty much free to do as they please with the footage. If you're filmed violating policy or committing some sort of offense -- whether you know you're being filmed or not -- they are perfectly free to use that footage to terminate you. It happens all the time. They can also publish the footage on the internet, or anywhere else, if they like, as long as it's not for commercial purposes, and the footage isn't used in such a way as to be misrepresentative of you, or causative of any *undue* loss or damage.

How do I setup vacation home surveillance cameras?




Tommy


I would like to get cameras for my vacation home that I can view and control through the internet. I'd like them connected to a DVR, and to be motion activated so I don't run out of hard drive space quickly.

I have someone who is supposed to be watching the place, but I want to make sure he's doing his job and not having parties or anything at my house.

What are some good options?
I guess its hard for someone to suggest a specific product without looking at my home and getting more information.

I've tried looking at the websites of some of these security camera places and don't really understand all the technical jargon.

I would like to become a more educated consumer.



Answer
Try looking on the net through a Google search for security cameras relating to your situation. In terms of specific products that you should get, then I think you should first get some advice from a security expert which would advise you about what kind of products you should be looking for.

I'll give you the phone number to a business in my city which specializes in this kind of thing.

Secret Services, Inc.
1100 Portage Avenue
Winnipeg Manitoba
Canada

(204)-231-1606

Good Luck with your vacation home's security.




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