Area of Law: Private Investigation
Answer # 986
Is it legal to videotape someone?Region: Ontario Answer # 986
Generally, it is illegal to secretly record oral communications between two or more people unless you have the consent of at least one of the individuals involved. For pure video recording with no sound, however, you may have greater freedom to secretly tape people.
There is a general prohibition against interception of private communications of others by use of electronic or other devices. The Criminal Code provides that everyone who, by any electro-magnetic, acoustic, mechanical, or other device, willfully intercepts a private communication, may be imprisoned for up to five years. The Criminal Code also grants a punitive tort award of up-to $5,000 if the aggrieved person has not commenced a separate civil proceeding.
The prohibition against intercepting private communications does not apply to the use of video surveillance equipment where no sound is involved. There is no criminal sanction against photographing or filming people or property open to public view. The Criminal Code only applies to the use of video surveillance equipment if it is used to intercept private communications.
More information on privacy laws in the workplace can be found from both the Office of the Information and Privacy Commissioner of Ontario, and the Office of the Privacy Commissioner of Canada.
For legal advice or assistance, contact a lawyer.
To have someone conduct a background check or investigation using surveillance and for other investigation services, contact our preferred Investigators, Smith Investigation Agency .
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