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B.C. driving school owner to install dash cams, in spite of prohibition

Mark Anderson said he intends to defy regulations due to better serve his clients
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Mark Anderson, owner of West Coast Driver Training, is planning on defying the rules that prevent him from installing dash cams in his company cars. (Robert Barron/Citizen)

Mark Anderson intends to defy the law and install dash cameras in his company91裸聊视频檚 vehicles, and dare the authorities to do something about it.

Anderson, owner of West Coast Driver Training, said he informed ICBC, which regulates driving schools in the province, that he was going to install the cameras but was told by the insurance agency that incorporated businesses in B.C. are not allowed to have dash cams or recording devices in company cars.

ICBC cited the Office of the Information and Privacy Commissioner in B.C. and its policy that states that under the Personal Information Protection Act, capturing the images or audio of individuals both inside and outside the vehicle constitutes a collection of personal information.

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The policy states that organizations covered by the policy or incorporated businesses must not collect personal information about an individual unless the person has provided consent in accordance with the appropriate sections of PIPA.

91裸聊视频淚f you are using video surveillance devices in your vehicles, please either remove the devices or provide our office with the legal authority you believe you have to collect personal information captured by the video surveillance, both inside and outside of the vehicle,91裸聊视频 the OIPC said in correspondence to Anderson.

Anderson said he thinks it91裸聊视频檚 a pretty wide-ranging prohibition and it makes no sense not to allow businesses to install dash cams in their vehicles.

He said he feels it91裸聊视频檚 important that West Coast Driver Training have dash cams to record what is happening in and around the cars, especially after .

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91裸聊视频淢y clients say nothing remotely like that has ever happened in my driving school with their teenage daughters, but I think having dash cams in the cars would give them some extra comfort,91裸聊视频 Anderson said.

91裸聊视频淭here have also been instances of road rage, particularly in school zones where some drivers have gotten angry at my students for driving the speed limit at 30 kilometres an hour, and I91裸聊视频檇 like to have some records of that.91裸聊视频

Anderson said he intends to install dash cams in his cars regardless of the policy and see what happens.

91裸聊视频淚 completely disagree with [the OIPC policy],91裸聊视频 he said.

91裸聊视频淚 am totally willing to be charged with an offence of contravening this policy in order to dispute the charge(s) in court and thus get a court ruling on this issue.91裸聊视频

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According to the OIPC91裸聊视频檚 website, the same rules don91裸聊视频檛 apply to private individuals driving around using dash cams, or recording video using a smartphone.

The website said that in B.C., if those individuals are acting in a domestic capacity, or are not an 91裸聊视频渙rganization91裸聊视频 under PIPA91裸聊视频檚 definition, they are not subject to the privacy protective principles.

This means that while your neighbour can record video of you while you91裸聊视频檙e in your front yard, a courier delivering your mail-order package can91裸聊视频檛 capture that same scene on a dash cam.

There are some exceptions, including a statute in the BC Passenger Transportation Act which authorizes taxis to use interior video surveillance.

A statement from OIPC regarding Anderson91裸聊视频檚 concerns said that if driving schools wish to use dash cams, they run the risk of having a complaint come into the OICP91裸聊视频檚 office.

91裸聊视频淲hen a complaint comes into our office, one of our investigators would attempt to mediate that complaint, and if mediation is not possible, the issue would go to our adjudication team who would then assess and write a legally binding order on the issue,91裸聊视频 the statement said.

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Robert Barron

About the Author: Robert Barron

Since 2016, I've had had the pleasure of working with our dedicated staff and community in the Cowichan Valley.
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