Am I Breaking Canadian Privacy Laws? Let's Ask a Lawyer!!

An interview with privacy lawyer David Fraser on the subject of drone privacy laws in Canada. David Fraser is a privacy lawyer and partner at McInnis Cooper based in Nova Scotia. Learn about the myriad of privacy-related laws in Canada...and watch David analyze one of MY videos for violations!
David Fraser has an entire KZbin channel dedicated to Canadian Privacy Law: / @privacylawyer
Here's his video on Drone Privacy Laws: • Privacy laws for drone...
For the serious student, here are links to cases mentioned in the video:
- Creepy teacher - R. v. Jarvis, 2002 SCC 73 (CanLII), [2002] 3 SCR 757: canlii.ca/t/50d7
- Video of the jogger on a public trail - Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (ON SCSM): canlii.ca/t/hnslv
David's personal drone videos can be viewed on this KZbin channel: / @davidfraseryhz
A DonDronesOn production.
SUGGESTIONS:
Join the Drone Pilot Association of Canada (DPAC):
www.DronePilot...
Join the DPAC Facebook group: / 592682344571622
Purchase the Drone Pilot Canada app:
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Purchase my Canadian drone exam Study Guides: www.pocketwatc...
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#DonDronesOn #DronePilotAssociationOfCanada #DronePilotCanada

[@privacylawyer]

Thanks for the chance to sit down and chat about two of my favourite subjects. And thanks again for all you do for the Canadian drone community!

[@DonJoyce]

Thanks for the great discussion, David!

[@PhantomHodgesDrone]

thank you again for keeping us informed

[@DonJoyce]

Thanks for watching!

[@davestredulinsky]

An excellent informative video Don, certainly giving me a better understanding of Canada privacy laws and how they relate to my use of camera drones. 42:36

[@DonJoyce]

Thanks, Dave! Glad you found the video useful!

[@JimBoshart]

Great Interview.... and I can't believe when the word "nuisance" came up, my name didn't follow.... ❤🤡

[@DonJoyce]

Lol. Yeah, I edited out your name, Jim!

[@cdnbaconeh7321]

Fantastic video. By the way that was my pool in the video. So just pay me $20,000 and we will call it even. Very much just kidding.

[@DonJoyce]

Cheque's in the mail! Lol

[@IN10THRC]

I don't know how popular a 40-minute "talkie" is going to be, but I really appreciated hearing all that from a legal professional who is also a drone operator. In my various local fb groups, the subject of privacy with regards to drone operations comes up quite a lot (not regarding myself, my neighborhood is generally too boring to film). I have informed those that inquire as to my understanding of the laws, and that I am a licensed drone operator with a fair understanding of the matter from a legal perspective. Turns out, I am generally correct with my expectations and assertions, but am very grateful to have all this additional knowledge and specific perspective. Thank you to you and your guest for taking the time to produce this video, Don. I expect that I will be referencing it fairly often.

[@DonJoyce]

Glad you enjoyed the video. There are so many subtle considerations.

[@Aerosnapper]

Thanks so much for this important and informative video - it will take some time to educate the public about the fact that drones, in most cases, are simply flying cameras and that the impact on personal privacy is no greater than that arising from any other imagery source. You can't help but think about doorbell cameras, traffic cameras and security cameras in most downtown areas. All this said - respect for one another is something that pilots always have to keep in mind. Education and information remain the critical factors.

[@DonJoyce]

Respect is the key...in so many areas of life.

[@pithon3d477]

Excellent video but somewhat confusing in respect of privacy. Case in point .... I can walk down any street and video everything i see on a cell phone, including the police. Why would a drone be any different?

[@flightographist]

I was in a park last summer filming the river. There was a small family, parked and blocking the boat access like city people often do...situational awareness shortfall I think. Anyway, when dad heard the drone he started screaming and calling me a pedo. The drone wasn't pointed at them, I have no interest in fat city people visiting my river. Imagine that. I'm a country boy so you can imagine what I said to him to remind him where he was. I thought about calling the police and setting him straight about intimidation and public disturbance.

[@DonJoyce]

Mutual respect....as uncommon as common sense.

[@OldGirlPhotography]

Fantastic video, Don. Having been the privacy officer for the company I worked for (before retirement), the laws and application of those laws are convoluted and messy, as David states. Sort of like drone laws, which you and DPAC are working so diligently to address. And the line of legal vs illegal is moving every day, based on cases heard or complaints filed. The point about identifiable individuals is also important - when I fly, I've found above even 50 feet, depending on the angle, you just can't tell. And I also avoid any possible situations or landmarks or vantage points that would identify someone specifically as well. The advice for non-commercial, recreational activities is common sense - treat others as you would expect to be treated. That said, the airspace discussion with David was fascinating and something I've been wondering about for a long time - not for privacy, but for multiple use and enjoyment purposes. Thanks again to both of you.

[@DonJoyce]

Thanks! yes, I certainly learned a lot from the discussion!

[@thane5665]

So if a person is identifiable, problems can arise ...(?) When flying in the past,I have taken time to show those who are interested how close I need to be in order to make the person in the image identifiable.

[@investigativeresearchcounc8388]

Great information! Thanks Don and David!

[@DonJoyce]

Thank you!

[@ospreycove]

Great video! I usually just take landscapes. But occasionally if I get a property or a specific scene that has a person, I will seek permission, especially if I'm including the image in a publication.

[@DonJoyce]

Perfect! Thanks for watching!

[@Westlake]

42 minutes well spent! Thanks to both of you for making this happen and providing current legal info/knowledge and real world examples to share for the Canadian RPAS community.

[@DonJoyce]

Thanks! Glad you liked the examples we discussed.

[@BrantAerials]

Lots of useful and sensible information. Thanks Don and David!

[@DonJoyce]

Thanks, Gary!

[@PinetreeLine]

Super interesting conversation Don. Thanks so much David!

[@DonJoyce]

Thanks, Doug!

[@davebeningfield]

Hi Don. just a great video, and one that I wish I could have seen earlier. A couple of years ago I was contracted by an environmental group to drone a salmon bearing creek that was completely surrounded on both banks by industrial properties. The object was to see if the properties. - some still under development, were cutting into riparian zones, a 30 meter setback to protect habitat critical for salmon fry. The environmental group couldn't view the areas in question due to private property, and wading along the creek would be difficult because of log jams and swamp and wouldn't give a proper perspective. I was uncomfortable flying over the properties, so we decided I would access the creek from a public street, and fly the creek line at about 100 meter height, looking straight down all the way, thus avoiding flying directly over private property and capture mostly the creek and generally just the edges of the parking lots of the properties in question. To avoid any people and cars or license plates I went early on Canada Day morning where everything was deserted. I was unsure of some of the privacy laws at the time, but had an inkling of 'reasonable expectation of privacy' Everything worked out okay, and it seems we followed protocol, I guess. I felt like a low budget secret agent.

[@DonJoyce]

Sounds like you did all the right things!

[@MadMajor86]

Thank you Don and Dave. This is an invaluable legal take on privacy. It is a messy area to deal with. So thanks again.

[@DonJoyce]

Glad you found it helpful!

[@firepuncher1]

David is excellent, thanks for this gentlemen. I highly recommend following David's channel

[@DonJoyce]

Thanks!

[@gbower1]

What a great interview Don. Lots of interesting information. Thanks

[@DonJoyce]

Thanks, Gerry!

[@JohnvanGurp]

Great interview, thanks David and Don!

[@DonJoyce]

Thanks, John.

[@MicheIIePucca]

I had watched this video when it first was posted and found it really interesting. Now, I'm at a point though, where I wondered about flying a

[@MicheIIePucca]

If I was to fly from my residential property, go straight up 200 or 300 feet and then fly horizontally around the neighbourhood within line of sight, would that be considered a privacy issue? I'd never fly into someone's yard below 100 or 150 feet.

[@DonJoyce]

I'm not a lawyer, but I would say that if the back yards are readily visible from 2nd floor windows, then there is little expectation of privacy. As such, your drone views would be no worse than that and would not infringe on privacy. And higher views are even less intrusive. Another way to think about it is what YOU would think if you saw a drone flying over YOUR back yard. Personally, I would feel a bit creeped out. Not offended perhaps, but not entirely comfortable, especially if they were loitering.

[@ianmeissner]

Very informative…… thank you!!

[@DonJoyce]

Glad you found it informative, Ian!

[@rreiter]

Great video! Thanks to both of you!

[@DonJoyce]

Glad you enjoyed it!

[@MicheIIePucca]

Great video... and hopefully most people are reasonable when it comes to complaining about a drone. However, I think it is important to discuss dealing with "Karens" who are belligerent and demanding you leave a public space, or delete your video. I wanted to run my drone on my own property, and just to inspect the roof of my two home (shingles, etc). I'm always sensitive of what others may think though.

[@DonJoyce]

Thanks, Michelle!

[@adamsroy2702]

This was very very interesting Dod Thsnk you to you and to Davide

[@DonJoyce]

Glad you enjoyed it, Adams.

[@pacificlinedesign19]

Great thanks for the info....

[@DonJoyce]

Glad you liked it!

[@ShotInTheDark]

Lots of interesting info, especially about the torts which I was unfamiliar.

[@DonJoyce]

Agreed! Thanks for watching!

[@DonJoyce]

Agreed! Thanks for watching!

[@northwoodmediaworks]

Excellent information. Thanks Don and David.

[@DonJoyce]

Thanks, R!

[@ianduncan2649]

Thank you Don and David very informative..

[@DonJoyce]

Thanks!

[@dcshutterbug]

I really appreciated this video, answered so many of my questions. Well done, and thank you! I tend to watch these "auditors" in the UK on KZbin, they call themselves citizen journalists 😂I'm sure you're familiar with some of them (...it shames me that I'm contributing to their wealth every time I watch their videos), but anyways, I wish you had asked if flying over commercial businesses is viewed by the law in the same way as over private homes.

[@DonJoyce]

Based on my simplistic understanding of the law, flying over a commercial business could effectively be intruding on the privacy of the person(s) owning the business.

[@Nikonik66]

What is this flexible definition of public place or private place? I'm confused on having expectation of privacy in a public place, or on a lake in the case of a boat. "Highly offensive to a reasonable person" requires reasonable behavior in public by that person. How can you claim a public area away from someone else just by putting on swim wear or taking it off in public? On a nude beach, in public, how can you now say that you nudity is private? That's not a "reasonable" expectation. And it is clearly in public, unless it is, in fact on someone's private property. Most nude beaches are "claimed", not officially sanctioned as such. Public nudity is supposed to be illegal.

[@DonJoyce]

The notion of the "reasonable person" is central to many legal cases. It is the way the legal system deals with grey areas, so yes it is "variable" and "flexible".

[@m0khm0kh]

It was an amazing and amusing one 👍.. Thanks for the great information.. But you know, Don, I always think that the rule of thumb is fly it as if you steal it 😉 And it should be fine 😅

[@DonJoyce]

An interesting perspective!

[@Philcan502]

Excellent video Don! Thank you

[@DonJoyce]

Glad you enjoyed it!

[@IreneB-su9fr]

Very informative, thank you Don and David

[@DonJoyce]

Glad you found it informative!

[@Nikonik66]

I watch a lot of KZbin from the U.S. There are many "first amendment auditors" who video and drone in public and get challenged. They say, "you can not trespass my eyes. If I can see it in public, I can record it." Is that true in Canada?

[@DonJoyce]

In general, that is NOT true in Canada, particularly if you fly commercially.

[@FotoAntonioCanada]

@@DonJoyce @Nikonik66 i disagree. From my understanding, in canada, you can record ANYTHING and EVERYTHING without limits whatsoever, excluding military bases and other sensitive areas. The limits comes to the act of publications. Publications of properties or object not owned by you requires consent. But that is a publication limitation, not a record limitation.

[@DonJoyce]

@FotoAntonioCanada Nope. There is no such freedom from potential torts, regardless of whether you recorded it for just yourself (even just as you flew) or sharing via publication. There may be differences in the magnitude of penalties, but the same principals would apply.

[@Sp-nd6uj]

Except you cannot see with your eyes with what your drone can see.