David Elder spoke with The Globe and Mail about the limits of PIPEDA enforcement in a Toronto tenant surveillance case

David Elder, Counsel and Chair of our Privacy & Data Protection Group, was recently interviewed by The Globe and Mail about a Toronto tenant's complaint that hallway security cameras were recording inside apartments, and what the case reveals about enforcement under Canada's federal privacy law.

In June, the Office of the Privacy Commissioner of Canada found that the property manager's camera placement and privacy practices did not comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). The tenant wants the Commissioner to take the matter to Federal Court, but as David explains, that is unlikely.

"PIPEDA doesn't currently have teeth the way people would normally use that phrase; the powers of the commission are limited to making recommendations," David says. Without the ability to levy fines or make binding orders, the Commissioner's main tool is "public shaming" through published findings that name the organizations involved.

"Consent is really the foundation," David says. "So if you don't have a privacy policy that tells people what you are doing and why, then that is really a core violation of the law."

Read the full article: Surveillance cameras could see inside Toronto apartment, tenant says