06-09-2016, 12:54 PM
(This post was last modified: 06-09-2016, 12:57 PM by isUsername.)
(06-09-2016, 12:38 PM)chutten Wrote: Interestingly, I think you're actually allowed to take pictures while in a fenced or demarcated construction zone, so long as you're not taking pictures of a person who has a reasonable expectation of privacy.
They don't have an expectation of privacy. That's the thing. There are only a few circumstances where an expectation of privacy exists for someone when they are viewable from a public place (e.g. their bedroom window).
A lot of the common confusion comes from people confusing the rules for commercial and non-commercial activities, and the rules in the Criminal Code. Expectation of privacy is an issue under the Criminal Code. Privacy when engaged in commercial activities is an issue under PIPEDA. If you're shooting random people in public for personal purposes, you don't need their consent. If you're doing it for commercial purposes (i.e. selling the photos), you do need their consent. It's the same reason why - in Ontario - I don't have to tell someone if I'm recording our conversation, but businesses do have to tell you when you call them. However, these are all PIPEDA issues, not Criminal Code issues. Where the Criminal Code comes in is if you're shooting photos of someone in their house; regardless of whether it's for personal or commercial purposes, you do need a person's consent in that case.
- Expectation of Privacy?
- Yes: Criminal Code applies. Consent required.
- No: Capturing for commercial purposes?
- Yes: PIPEDA applies. Consent required.
- No: No consent required.
- Yes: PIPEDA applies. Consent required.
- Yes: Criminal Code applies. Consent required.