Mark Anderson plans to defy the law and install dash cams in his company’s vehicles, and challenge the authorities to do something about it.
Anderson, owner of West Coast Driver Training, said he told ICBC, which regulates driving schools in the province, that he was going to install the cameras, but the insurance agency that incorporated the companies in BC are not permitted to have dash cameras or recording devices in company cars.
ICBC cited the Office of the Information and Privacy Commissioner of British Columbia and its policy which states that under the Privacy Act, the capture of images or audio of individuals inside and outside the vehicle constitutes a collection of personal information.
The policy states that organizations covered by the policy or incorporated businesses must not collect personal information about an individual unless the individual has provided consent in accordance with the appropriate sections of PIPA.
“If you use CCTV devices in your vehicles, please either remove the devices or provide our office with whatever legal authority you believe you have to collect personal information captured by CCTV, both indoors and outdoors. of the vehicle,” the ICPO said. said in a correspondence to Anderson.
Anderson said he thought that was a pretty broad ban and that it didn’t make sense not to allow companies to install dash cams in their vehicles.
He said he felt it was important for West Coast Driver Training to have dash cams to record what is happening in and around the cars, particularly after driving instructor and columnist Victoria, Steve Wallace was recently accused of sexually harassing teenagers.
“My clients say nothing like this has ever happened at my driving school with their teenage daughters, but I think having dash cams in the cars would give them a bit more comfort” , said Anderson.
“There have also been cases of road rage, especially in school zones where some drivers have gotten mad at my students for driving at the speed limit of 30 kilometers per hour, and I would like have traces of it.”
Anderson said he intended to install dash cams in his cars regardless of the policy and see what happened.
“I totally disagree with [the OIPC policy],” he said.
“I am fully prepared to be charged with breaching this policy in order to challenge the charge(s) in court and thereby obtain a court ruling on this matter.”
According to the OIPC website, the same rules do not apply to individuals who drive using dash cams or record video using a smartphone.
The website said that in British Columbia, if these individuals are acting in a household capacity or are not an “organization” as defined by PIPA, they are not subject to the Privacy Shield Principles.
This means that while your neighbor can record video of you while you’re in your front yard, a courier delivering your mail order package can’t capture the same scene on a dash cam.
There are a few exceptions, including a provision in British Columbia’s Passenger Transportation Act that allows taxis to use interior CCTV.
A statement from the ICPO regarding Anderson’s concerns said that if driving schools wish to use dash cams, they run the risk of filing a complaint with the ICPO office.
“When a complaint comes to our office, one of our investigators would attempt to mediate that complaint, and if mediation is not possible, the issue would be escalated to our adjudication team who would then assess and draft a legally binding order on the matter,” the statement read.