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This publication is an updated version of a paper released in 2001 by Dr. Ann Cavoukian, Information and Privacy Commissioner of Ontario. Dr. Cavoukian gratefully acknowledges the work of Judith Hoffman in preparing the first report, and Catherine Thompson for her work on this updated report.

Government organizations are considering the implementation of video surveillance technology with increasing frequency for the purposes of general law enforcement and public safety programs. In limited and defined circumstances, video surveillance cameras may be appropriate to protect public safety, detect or deter, and assist in the investigation of criminal activity. Organizations governed by the Freedom of Information and Protection of Privacy Act (the provincial Act) and the Municipal Freedom of Information and Protection of Privacy Act (the municipal Act) that are considering implementing a video surveillance program are encouraged not to view video surveillance as a “silver bullet.” Although technological solutions to security challenges reflect an “urge for perfect fairness and perfect security, extended equally and automatically to all,”1 no such world of perfection exists. Institutions must balance the public benefits of video surveillance against an individual’s right to be free of unwarranted intrusion into his or her life. Pervasive, routine and random surveillance of ordinary, lawful public activities interferes with an individual’s privacy. These Guidelines are intended to assist organizations in deciding whether the collection of personal information by means of a video surveillance system is lawful and justifiable as a policy choice, and if so, how privacy protective measures can be built into the system. These Guidelines do not apply to covert surveillance, or surveillance when used as a casespecific investigation tool for law enforcement purposes where there is statutory authority and/or the authority of a search warrant to conduct the surveillance. These Guidelines are also not intended to apply to workplace surveillance systems installed by an organization to conduct workplace surveillance of employees.

In these Guidelines: Personal information is defined in section 2 of the Acts as recorded information about an identifiable individual, which includes, but is not limited to, information relating to an individual’s race, colour, national or ethnic origin, sex and age. If a video surveillance system displays these characteristics of an identifiable individual or the activities in which he or she is engaged, its contents will be considered “personal information” under the Acts.