Law Times

LAW TIMES / MAY 5, 2008 Continued from page 11 The federal, Alberta, and British Columbia privacy commission- ers have jointly issued guidelines for video surveillance use in the private sector. "Under these legislative regimes, the key legal test for the collection, use or disclosure of personal in- formation is that these should be reasonable in the circumstances and only permissible with the con- sent of the individual involved," says Barbara McIsaac of McCarthy Tétrault LLP's Ottawa office. The guidelines list 10 factors Private sector video surveillance guidelines ROUND-UP FOCUS • Develop a video surveillance policy. • Determine the business reasons for using video surveillance and use it only for that reason. privacy-invasive alternative to video surveillance would work. • Limit camera use and range as much as possible. to weigh in implementing a video surveillance plan. They are: • Determine whether a less- • The public has a right to know who is watching, why they're watching, what information • Store images in a secure loca- tion with limited access, and destroy them when they are no longer required for business purposes. • Inform the public that surveil- lance is occurring. • Do regular audits of the need for surveillance. • Educate camera operators about privacy rights. INTERNET ADVERTISING REGULATION Regulators in the United States seem to be losing their faith in in- • Give individuals access to sur- veillance that captures them. is being recorded and how the images are preserved — so be prepared to answer questions about these issues. ternet advertisers' ability to regu- late themselves with regard to users' privacy. At a recent Federal Trade Commission conference, FTC Commissioner Jon Leibowitz ex- pressed disappointment in the in- dustry, saying that advertisers' self- regulation efforts in this area "leave a lot to be desired." The conference took a personal tack when Leibowitz said inter- net advertisers had exposed his 12-year-old daughter to ads that said things like, "Touch me harder" and, "How long is your next kiss?" Leibowitz mused openly about PAGE 13 FTC has established. The do not call list prohibits telemarketers from contacting anyone on the list. Consumer and privacy groups are on record as supporting a do not track list. Naturally, the advertising in- dustry opposes government regula- tion, lauding the "layers of control" that already exist and maintaining that legislative intervention would "stifle" the industry. Leibowitz said that internet the creation of a do not track list similar to the do not call list the advertisers should let consum- ers know when they were gather- ing information and give them a choice to opt out. He also urged the industry to closely protect any data collected. LT THINK BIG. WIN BIG. Think of what you can do with easy online access to thousands of actual pleadings, motions, and facta from leading cases. Get the power to create persuasive arguments and strengthen your case. www.litigatoronline.ca AUTHORITATIVE.INNOVATIVE.TRUSTED. Untitled-1 1 www.lawtimesnews.com 4/30/08 8:10:49 AM 11540(T1) MM2 04/08

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