Am I Breaking Canadian Privacy Laws? Let's Ask a Lawyer!!
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- Опубликовано: 30 май 2024
- An interview with privacy lawyer David Fraser on the subject of drone privacy laws in Canada. David Fraser is a privacy lawyer and partner at McInnis Cooper based in Nova Scotia. Learn about the myriad of privacy-related laws in Canada...and watch David analyze one of MY videos for violations!
David Fraser has an entire RUclips channel dedicated to Canadian Privacy Law: / @privacylawyer
Here's his video on Drone Privacy Laws: • Privacy laws for drone...
For the serious student, here are links to cases mentioned in the video:
- Creepy teacher - R. v. Jarvis, 2002 SCC 73 (CanLII), [2002] 3 SCR 757: canlii.ca/t/50d7
- Video of the jogger on a public trail - Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (ON SCSM): canlii.ca/t/hnslv
David's personal drone videos can be viewed on this RUclips channel: / @davidfraseryhz
A DonDronesOn production.
SUGGESTIONS:
Join the Drone Pilot Association of Canada (DPAC):
www.DronePilotAssociationOfCa...
Join the DPAC Facebook group: / 592682344571622
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Thanks for the chance to sit down and chat about two of my favourite subjects. And thanks again for all you do for the Canadian drone community!
Thanks for the great discussion, David!
I don't know how popular a 40-minute "talkie" is going to be, but I really appreciated hearing all that from a legal professional who is also a drone operator. In my various local fb groups, the subject of privacy with regards to drone operations comes up quite a lot (not regarding myself, my neighborhood is generally too boring to film). I have informed those that inquire as to my understanding of the laws, and that I am a licensed drone operator with a fair understanding of the matter from a legal perspective. Turns out, I am generally correct with my expectations and assertions, but am very grateful to have all this additional knowledge and specific perspective.
Thank you to you and your guest for taking the time to produce this video, Don. I expect that I will be referencing it fairly often.
Glad you enjoyed the video. There are so many subtle considerations.
Fantastic video, Don. Having been the privacy officer for the company I worked for (before retirement), the laws and application of those laws are convoluted and messy, as David states. Sort of like drone laws, which you and DPAC are working so diligently to address. And the line of legal vs illegal is moving every day, based on cases heard or complaints filed. The point about identifiable individuals is also important - when I fly, I've found above even 50 feet, depending on the angle, you just can't tell. And I also avoid any possible situations or landmarks or vantage points that would identify someone specifically as well. The advice for non-commercial, recreational activities is common sense - treat others as you would expect to be treated. That said, the airspace discussion with David was fascinating and something I've been wondering about for a long time - not for privacy, but for multiple use and enjoyment purposes. Thanks again to both of you.
Thanks! yes, I certainly learned a lot from the discussion!
Thank you Don and Dave. This is an invaluable legal take on privacy. It is a messy area to deal with. So thanks again.
Glad you found it helpful!
Fantastic video. By the way that was my pool in the video. So just pay me $20,000 and we will call it even. Very much just kidding.
Cheque's in the mail! Lol
Great information! Thanks Don and David!
Thank you!
Lots of useful and sensible information. Thanks Don and David!
Thanks, Gary!
thank you again for keeping us informed
Thanks for watching!
Hi Don. just a great video, and one that I wish I could have seen earlier. A couple of years ago I was contracted by an environmental group to drone a salmon bearing creek that was completely surrounded on both banks by industrial properties. The object was to see if the properties. - some still under development, were cutting into riparian zones, a 30 meter setback to protect habitat critical for salmon fry. The environmental group couldn't view the areas in question due to private property, and wading along the creek would be difficult because of log jams and swamp and wouldn't give a proper perspective. I was uncomfortable flying over the properties, so we decided I would access the creek from a public street, and fly the creek line at about 100 meter height, looking straight down all the way, thus avoiding flying directly over private property and capture mostly the creek and generally just the edges of the parking lots of the properties in question. To avoid any people and cars or license plates I went early on Canada Day morning where everything was deserted. I was unsure of some of the privacy laws at the time, but had an inkling of 'reasonable expectation of privacy' Everything worked out okay, and it seems we followed protocol, I guess. I felt like a low budget secret agent.
Sounds like you did all the right things!
Great video! Thanks to both of you!
Glad you enjoyed it!
David is excellent, thanks for this gentlemen. I highly recommend following David's channel
Thanks!
Great video! I usually just take landscapes. But occasionally if I get a property or a specific scene that has a person, I will seek permission, especially if I'm including the image in a publication.
Perfect! Thanks for watching!
Super interesting conversation Don. Thanks so much David!
Thanks, Doug!
Very informative…… thank you!!
Glad you found it informative, Ian!
What a great interview Don. Lots of interesting information. Thanks
Thanks, Gerry!
I was in a park last summer filming the river. There was a small family, parked and blocking the boat access like city people often do...situational awareness shortfall I think. Anyway, when dad heard the drone he started screaming and calling me a pedo. The drone wasn't pointed at them, I have no interest in fat city people visiting my river. Imagine that. I'm a country boy so you can imagine what I said to him to remind him where he was. I thought about calling the police and setting him straight about intimidation and public disturbance.
Mutual respect....as uncommon as common sense.
Thanks so much for this important and informative video - it will take some time to educate the public about the fact that drones, in most cases, are simply flying cameras and that the impact on personal privacy is no greater than that arising from any other imagery source. You can't help but think about doorbell cameras, traffic cameras and security cameras in most downtown areas. All this said - respect for one another is something that pilots always have to keep in mind. Education and information remain the critical factors.
Respect is the key...in so many areas of life.
Excellent video but somewhat confusing in respect of privacy. Case in point .... I can walk down any street and video everything i see on a cell phone, including the police. Why would a drone be any different?
Very informative, thank you Don and David
Glad you found it informative!
Great interview, thanks David and Don!
Thanks, John.
Excellent information. Thanks Don and David.
Thanks, R!
42 minutes well spent! Thanks to both of you for making this happen and providing current legal info/knowledge and real world examples to share for the Canadian RPAS community.
Thanks! Glad you liked the examples we discussed.
Great thanks for the info....
Glad you liked it!
Thank you Don and David very informative..
Thanks!
Excellent video Don! Thank you
Glad you enjoyed it!
So if a person is identifiable, problems can arise ...(?)
When flying in the past,I have taken time to show those who are interested how close I need to be in order to make the person in the image identifiable.
An excellent informative video Don, certainly giving me a better understanding of Canada privacy laws and how they relate to my use of camera drones. 42:36
Thanks, Dave! Glad you found the video useful!
Great video... and hopefully most people are reasonable when it comes to complaining about a drone. However, I think it is important to discuss dealing with "Karens" who are belligerent and demanding you leave a public space, or delete your video. I wanted to run my drone on my own property, and just to inspect the roof of my two home (shingles, etc). I'm always sensitive of what others may think though.
Thanks, Michelle!
It was an amazing and amusing one 👍.. Thanks for the great information.. But you know, Don, I always think that the rule of thumb is fly it as if you steal it 😉 And it should be fine 😅
An interesting perspective!
I really appreciated this video, answered so many of my questions. Well done, and thank you! I tend to watch these "auditors" in the UK on RUclips, they call themselves citizen journalists 😂I'm sure you're familiar with some of them (...it shames me that I'm contributing to their wealth every time I watch their videos), but anyways, I wish you had asked if flying over commercial businesses is viewed by the law in the same way as over private homes.
Based on my simplistic understanding of the law, flying over a commercial business could effectively be intruding on the privacy of the person(s) owning the business.
I watch a lot of RUclips from the U.S. There are many "first amendment auditors" who video and drone in public and get challenged. They say, "you can not trespass my eyes. If I can see it in public, I can record it."
Is that true in Canada?
In general, that is NOT true in Canada, particularly if you fly commercially.
@@DonJoyce @Nikonik66 i disagree. From my understanding, in canada, you can record ANYTHING and EVERYTHING without limits whatsoever, excluding military bases and other sensitive areas. The limits comes to the act of publications. Publications of properties or object not owned by you requires consent. But that is a publication limitation, not a record limitation.
@FotoAntonioCanada Nope. There is no such freedom from potential torts, regardless of whether you recorded it for just yourself (even just as you flew) or sharing via publication. There may be differences in the magnitude of penalties, but the same principals would apply.
What is this flexible definition of public place or private place? I'm confused on having expectation of privacy in a public place, or on a lake in the case of a boat. "Highly offensive to a reasonable person" requires reasonable behavior in public by that person. How can you claim a public area away from someone else just by putting on swim wear or taking it off in public?
On a nude beach, in public, how can you now say that you nudity is private? That's not a "reasonable" expectation. And it is clearly in public, unless it is, in fact on someone's private property. Most nude beaches are "claimed", not officially sanctioned as such. Public nudity is supposed to be illegal.
The notion of the "reasonable person" is central to many legal cases. It is the way the legal system deals with grey areas, so yes it is "variable" and "flexible".
Great Interview.... and I can't believe when the word "nuisance" came up, my name didn't follow.... ❤🤡
Lol. Yeah, I edited out your name, Jim!
AI summary here:
- **Introduction**: Don introduces the topic of drone privacy and his guest, David Fraser, a leading privacy lawyer in Canada.
- **David Fraser's Background**: David Fraser has been practicing privacy and technology law for about 20 years and is also an amateur drone enthusiast.
- **Privacy Laws in Canada**:
- **Charter of Rights and Freedoms**: Section 8 protects against unreasonable search and seizure, relevant to police use of drones.
- **Federal and Provincial Laws**: These include the Privacy Act (federal) and equivalent provincial acts, governing how governments can collect personal information.
- **Private Sector Laws**: PIPEDA (Personal Information Protection and Electronic Documents Act) applies to commercial activities, requiring knowledge and consent for collecting personal information.
- **Common Law and Torts**: Recreational drone operators are subject to common law torts like intrusion upon seclusion and invasion of privacy.
- **Commercial vs. Recreational Use**:
- **Commercial Use**: If drones are used for business activities (e.g., real estate photography), operators must comply with PIPEDA, requiring consent and minimizing collected personal information.
- **Recreational Use**: Recreational users aren't subject to PIPEDA but must avoid actions that could be seen as intrusive or offensive, like spying or harassment.
- **Monetized Content**:
- Content posted on monetized platforms (e.g., RUclips) might fall into a gray area. If the primary intent is recreational, it likely doesn't qualify as commercial use under privacy laws.
- **Best Practices for Drone Operators**:
- **Notification**: Informing neighbors about drone flights, especially in residential areas, can help alleviate privacy concerns.
- **Consent**: Seek consent where possible, especially for identifiable information.
- **Respect Privacy**: Avoid capturing intimate or sensitive information, respect people's privacy, and avoid behaviors that could be perceived as intrusive.
- **Children and Sensitive Information**:
- There is no specific law for children's images, but operators should exercise caution to avoid suspicions of inappropriate behavior.
- **Public Perception and Expectations**:
- Public concern often arises from not knowing the drone's capabilities, operator, or purpose. Setting clear expectations can help mitigate these concerns.
- **Conclusion**:
- David emphasizes being a good neighbor and respecting privacy while using drones. Setting expectations and notifying people can prevent misunderstandings and ensure responsible drone usage.
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This summary covers the key points discussed in the document regarding drone privacy laws, the distinction between commercial and recreational use, best practices, and the importance of respecting privacy.
Having actually watched this video, this summary is not accurate and missing key points. Summaries can be done effectively, but your prompting and token account needs to be better.
One correction; David isn't a top privacy lawyer in Canada. He's THE top privacy lawyer in Canada! :-)