The Board has repealed the taxi camera rule. The previous requirements of this rule are no longer mandatory for any licensees. Cameras may be used by any licensee, provided they meet privacy requirements.
Licensees who choose to use cameras may use any model that meets their needs but are encouraged to consider the following recommended best practices:
- Cameras should be purchased from a trusted source
- Cameras and the footage collected should not be tampered with or altered
- Licensees should identify a law enforcement liaison to facilitate data access, as needed
- Data should be retained for a reasonable period should it be needed (two weeks is recommended)
- A notice that indicates the vehicle camera recording and purpose should be placed on all rear windows to ensure passengers are informed prior to entering the vehicle (refer to privacy guidance below)
Licensees in B.C. who wish to use cameras for driver and passenger safety must be aware of their obligations under privacy legislation.
Vehicle cameras: Privacy guidance for licensees
The information provided here is intended as guidance to assist licensees in understanding privacy legislation as it relates to vehicle cameras.
Please note the Passenger Transportation Board does not have authority or jurisdiction over the legislation discussed. Licensees that choose to utilize in-vehicle cameras are responsible for ensuring compliance with all applicable privacy legislation and associated requirements.
Personal Information Protection Act (PIPA)
PIPA applies to every organization in B.C., including passenger transportation licensees. It governs the collection, use, and disclosure of personal information. Photos and videos of passengers are considered personal information subject to this Act. The personal information collected in passenger transportation vehicles may include that of passengers and drivers.
The collection of personal information must be limited to what a reasonable person would consider appropriate in the circumstances. Organizations must also obtain consent from individuals except in limited circumstances outlined in PIPA.
Consent must be obtained for the collection, use, and disclosure of personal information. Organizations cannot require consent unless it is integral to providing service. Implied consent is consent that is not given explicitly, but which can be inferred based on the individual’s actions and the situation.
Notice must be provided to inform passengers of the intent to collect personal information on or before the collection. Notifications should clearly explain what information you collect, how you use it, and who you share it with.
Organizations must provide access, on request, to personal information under their control but must not disclose that which may reveal the personal information of another individual.
Organizations must take care to make reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification or disposal of personal information in their control. Once it is reasonable to assume the reason for collection has been served, personal information must be destroyed.
Organizations must have a privacy officer able to answer questions about the collection, use, or disclosure of the personal information collected, the organizations privacy policy, and safeguards. Contact information for the privacy officer must be available upon request.
PIPA falls under the jurisdiction of the Office of the Information and Privacy Commissioner (OIPC). For more information or for questions regarding the interpretation of the Personal Information Protection Act, please see the OIPC’s website under “guidance” or contact the OIPC at info@oipc.bc.ca.
Criminal Code Section 184
The Criminal Code of Canada may require the explicit consent of at least one party to record conversations. Conversations in passenger transportation vehicles may occur between the driver and passenger, between different passengers, or on a phone call with either the driver or passenger.