Yes, with limits. You need a real security reason, visible signs, no cameras in private areas like washrooms, and a clear rule for who can view the footage and how long it is kept.
Which privacy law applies to my business?
For customers, the answer is fairly clear. Customer information that a Manitoba business collects in the course of commercial activity falls under PIPEDA, the federal privacy law. Video that shows people who can be identified is generally treated as personal information.
For your own employees, the rules are less settled for most Manitoba employers. That does not mean anything goes. The safe approach is to follow the same principles you would for customers.
This article is general information, not legal advice. If your situation is unusual, check with a lawyer or the Office of the Privacy Commissioner of Canada.
What counts as a real security reason?
The camera should have a job you can explain in one sentence. Watching the gate where equipment has gone missing is a reason. Watching the till in a store in Altona is a reason. Watching one employee because you are curious about their breaks is not a good one.
A useful test: would you be comfortable explaining this camera to the person on the screen? If not, rethink it.
Point each camera at the problem, not wider than it needs to be. A camera on your door should not also look into your neighbour's yard.
Do I need signs?
Yes. People should know they are being recorded before they walk into view. Put signs at the entrances and anywhere a camera covers a work area.
Signs also do a second job. They are part of what makes cameras a deterrent.
Where can't cameras go?
Never put cameras in washrooms or change rooms. That holds for staff and customers alike, and no security reason makes it acceptable.
Take care with break rooms and similar spaces where people reasonably expect some privacy. If you think you need coverage there, ask yourself whether a camera at the door would do the job instead.
Who should be allowed to see the footage?
Write it down. A short written rule should say:
- Who can view live and recorded video
- When they are allowed to look, such as after an incident
- How long footage is kept before it is deleted
- Who can make a copy, and for whom, such as police or an insurer
Most on-site systems hold a few weeks of video. Keeping it for a set period and then letting it go is easier to defend than keeping everything forever. For a shop in Morden with five staff, the rule might fit on one page.
Can I record audio?
Sound is treated more strictly than pictures. Recording conversations raises far more privacy concerns than recording what happens at a door. Most businesses don't record audio at all, and we usually set cameras up without it.
How do we help?
On the site walk, we ask what each camera is for. We aim cameras at the problem and away from places they shouldn't see. We point out where signs belong. After install, we set up viewing access so only the people you choose can see footage.
We can't tell you what the law requires in your specific case. We can make sure the system is set up so following good practice is easy.