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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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Video recording devices. Legal to record?

Customer Question

With the proliferation of video recording devices, I'm wondering if that's legal in Ontario, Canada. Video recording devices such as these spy cams on this website Is it legal to record video using these devices in Ontario, Canada?

Please back your answer with link to credible government website providing sound source of information. Thanks!

Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I cannot check the site.But what I can tell you is that the law is clear in that no video recording can be made of anyone when there is a reasonable expectation of privacy and no video recording of a sexual nature can be posted online without the party who is being recorded providing clear consent.
Customer: replied 2 years ago.

I'll try to be specific: Can I record a video conversation of someone talking to me in a public area or in my office that I can later use as proof of the discussion?

(This has nothing to do with sex!)

Expert:  Debra replied 2 years ago.
Yes, you can make an audio recording because the law is that so long as one party to the conversation consents the recording is lawful.
Customer: replied 2 years ago.

My recording device is both audio and video. Is that okay?

Moreover, what if I'm in a board meeting where another member is using my race to marginalize me, and I would like to capture that onto an audio/video recording, for proof. Is that okay?

Expert:  Debra replied 2 years ago.
No, neither are OK, because you cannot make a video recording of someone if they have a reasonable expectation of privacy. You can only make an audio recording when you are consenting to the recording, but for video recording you cannot do that even if you are consenting to the recording because the other people have a reasonable expectation of privacy.

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