The good news is, it’s easier now than ever before to set up a home security camera. It can be as simple as sticking a small device above your door and connecting to an app. But just because the technology is easy to set up doesn’t mean the rules are. Indeed, it’s important to understand Canada’s privacy laws.
When setting up a security system at home, for example, many homeowners assume cameras can be set up anywhere, as long as they’re on their property. It is, after all, their property. But, that’s not exactly the case. Before installation, you need to know where the legal lines are drawn.
What do Canada’s privacy laws say about home surveillance? Let’s examine where (and how) you can place cameras and when it’s pushing the line when it comes to your neighbor’s privacy. So, you can keep your home safe while staying on the right side of the law—and friendly with the folks in your community.
Understanding Canada’s Privacy Laws
Privacy is important to Canadians, which is why we’re protected at the federal level with legislation known as PIPEDA or the Personal Information Protection and Electronic Documents Act. Yes, this law mainly applies to how businesses handle personal information. However, it also sets a tone for how privacy is viewed and protected across the country.
There’s a bit more nuance when it comes to Canada’s privacy laws for private citizens and their security cameras. In most cases, as long as you’re recording on your own property (think front door, porch, or driveway), you’re generally in the clear. However, if a camera points beyond your property line (say, in your backyard facing your neighbor’s property), it can get more complicated.
The key issue is whether your surveillance protects your property but could also invade someone else’s reasonable expectation of privacy. We want to ensure we’re good neighbors, after all.
In addition to federal laws, it’s also important to understand provincial privacy laws. For example, B.C., Alberta, and Quebec have their own privacy legislation, which may set even stricter standards. If your security camera captures footage of someone else’s yard, inside their home, or other private spaces (such as through a window or over a shared fence), you could be violating their privacy—even if you don’t mean to.
In short, just because a camera can capture footage (or sound) doesn’t mean it should.
What’s Legal (and What’s Not) for Homeowners
The golden rule when it comes to any property questions is to focus on your own. Yes, you want your camera to keep an eye on your front steps, garage, backyard, and other personal spaces. And if that’s what your camera catches, you’re likely well within your rights. But the moment that lens captures areas where someone else has a reasonable expectation of privacy, such as into their private yard or through a window, you could be stepping into risky territory—both legally and respectfully.
It’s usually legal to record your front porch (to help protect against porch pirates, for example), driveway, or yard. In addition, incidentally capturing public spaces, such as the street or sidewalk, should be fine.
However, it is not okay (and could be illegal) to point a camera directly into your neighbor’s yard or, especially, their window. It’s important to avoid recording areas that are not visible from public spaces, such as over high fences. And it’s absolutely unacceptable to use security cameras to intentionally monitor or harass someone.
Finally, be aware that audio recordings are more heavily regulated. You can not record audio without consent, especially if you inadvertently caption conversations from people who aren’t aware that they’re being recorded. No one wants to be recorded having personal chats (especially if they become heated) or humming their guilty pleasure band while watering the yard.
Intent matters. If your neighbor complains because they feel like your security cameras are invading their personal space, it could lead to disputes. And those types of disputes can escalate to complaints to privacy authorities.
So, remember, if the camera is on your property, what it sees determines its legality.
Respecting Privacy
You don’t want your privacy intruded upon, and neither does your neighbor. So even if your camera placement is legal, that doesn’t mean it’s always welcome. You may have heard the saying, “Good fences make good neighbors.” But so does being considerate of privacy.
When setting up your surveillance camera(s), ensure they aren’t angled toward a shared driveway or over a fence. If your neighbor did this, it would raise red flags for you, too. Feeling like you’re being watched can be upsetting. At the very least, chat with your neighbors to let them know about the new security measures and angle them away from their yard or driveway. (Even if they suggest angling the camera to protect both of your yards, be cautious about how much you see and record, and focus on your property.)
Being transparent is a thoughtful gesture. It lets people know they are being recorded, which can help prevent misunderstanding. In addition, proper signage can also help deter would-be intruders. If a neighbor brings up any concerns, listen respectfully and consider making adjustments that you both feel good about.
Remember, if someone does have complaints about your camera infringing on their privacy, they could raise a complaint with the Office of the Privacy Commissioner or a provincial authority. It’s much easier to resolve issues through a friendly conversation and perhaps some compromise.
The goal, after all, is to keep your home and neighborhood safe, not to create tension on your street.
Canada’s Privacy Laws for Audio Recordings
Video surveillance may get the most attention, but audio recording can be even more sensitive. In fact, in many cases, it’s more highly restricted.
It’s important to know that in Canada, it’s illegal to record a private conversation unless at least one person in the conversation consents. So, if you’re chatting with a friend or neighbor, you can legally record it. But, if your home security system captures a conversation between other people, such as two different neighbors talking near your driveway or a delivery person chatting on a cell phone, you could be violating wiretapping or privacy laws. Whether you intend to or not.
This can be tricky as many home security systems have built-in microphones. If you haven’t looked at the settings, you may not even realize you’re recording audio.
Unless you specifically need audio or are trying to capture a conversation you’re a part of, it’s best to just tread lightly and turn off the mic. Many homeowners turn off audio recording altogether to not only avoid legal trouble but to show friends and neighbors that the goal of their security system is safety, not snooping.
Tips for Responsible Surveillance
You don’t have to sacrifice your good relationships with neighbors or risk breaking any privacy laws to keep your home safe and secure. Just a few thoughtful steps can create a safer space for you and your neighbors. Just remember to:
- Mind your camera angles and make sure they’re aimed at your property alone
- Use motion zones or privacy masks if you need to block your camera’s view
- Disable audio and use visual-only surveillance
- Add signage to notify that security cameras are in use to both act as a deterrent and show you’re being transparent
- Respect shared property, such as a shared walkway or entryway
- Consult your building bylaws or HOA as well as local laws before installing a security system to ensure you have the appropriate permissions.
- If you’re unsure about where or how to place cameras, work with a home security professional to help set up a system that works well for you and protects the privacy of others.
Protect Your Home and Respect Your Community with Canada’s Privacy Laws
By taking the time and effort to learn and understand Canada’s privacy laws, you can keep your home safe without stepping on anyone else’s rights. Placing cameras thoughtfully and avoiding audio recording isn’t just about what’s legal; it’s about being a good neighbor and member of your community.
If you’re ready to install a system—or just want help choosing the right setup—check out our packages or call now for a free quote at 1-855-518-4458. One of our experienced professionals will walk you through your options and help you find a system that fits your space, your goals, and your community—while respecting Canada’s privacy laws.
Plus, installing a security system could potentially lower your homeowner’s insurance premium while offering greater peace of mind for your home and being a good neighbor.