1.
Seminars - in-house, private, customized training of staff
"Legal Aspects
of Video Surveillance: Workplace"
a) Legality of
conducting surveillance on employees
- in the workplace –
theft, assaults, sleeping on the job, etc.
unionized
(grievances and arbitration)
non-unionized
("just cause for dismissal")
- outside the workplace
– malingering, exaggerating disability
abuse
of sick leave
abuse
of compensation or benefits
- affect of Charter
provisions
s.
7 – "security of the person"
s.
8 – "protection against unreasonable search or
seizure"
b) Legality of
conducting surveillance on customers
- to deter shoplifting
- to detect, verify, and
identify shop thieves
- privacy provisions
c) Steps to remove
the "reasonable expectation of privacy"
- posting of signs or notices
- use of written consents
to interception – examples
- use of waiver clauses in
employment contracts – examples
2.
Risk Assessments – to identify areas of potential liability
- assessment of need for
video surveillance
- use of video cameras -
kind, number and placement
- use in sensitive areas
– washrooms, locker rooms, change rooms,
- legal liability for
inadequate security
- potential liability for
"dummy" video cameras
3.
Video Production – consulting, scripting, reviewing, etc.
- plaintiffs –
assist in planning "day-in-the-life" videotapes
- producing videotapes of
views of accident scenes
- defendants –
assisting in challenging "day-in-the-life" videos
- advising on the
selection of pictures of plaintiffs injuries
