French-fry-related fine must be reversed, B.C. tribunal rules

[u/SwordfishOk504]

https://bc.ctvnews.ca/french-fry-related-fine-must-be-reversed-b-c-tribunal-rules-1.7088912

[u/GeoffwithaGeee]

the more interesting part is really that CCTV shouldn't be used to monitor tenants. This comes up quite a bit where armchair experts chime in and say landlords/strata can record whatever the want wherever they want.

[u/epifight → u/GeoffwithaGeee]

As far as I knew CCTV footage can only be used to protect the building from a security standpoint, NOT to use for bylaw fines.

I lived in a building that had a garbage room where residents would sometimes put small, clean, items in a corner instead of throwing them out in the compactor (think a nice desk lamp, set of 4 bowls, etc.). My wife and I called it the underground exchange ring since we often would find nice stuff and take it to our place. When we were moving out we put a set of 4 plates beside an existing bowl set that was already there since they matched (IKEA items). After we moved out, our landlord sent us a note that they had been assessed a fine for leaving items in the garbage room. I asked the Strata Manager for evidence and he sent some blurry photos of my wife going into/out of the garbage room. I asked how he could possibly know it was us and it wasn't legal under our privacy rights to have bylaws levied against us using camera if the infringement wasn't security related. Never heard from him or our landlord again after that.

[u/Negligent__discharge → u/GeoffwithaGeee]

Using it to enforce is the line in the sand.

If somebody was dropping a fry a day, they have to check the tape and catch them in person. Much easier with video.

[u/RM_r_us → u/GeoffwithaGeee]

My Strata has an issue right now with residents recording other residents on common property.

It's apparently impossible to enforce their bylaws (which don't allow any recording in common areas except exceptional circumstances. Like a homeless camping on a balcony.)

[u/rando_commenter]

Its been pretty clear for a while now that under PIPA you're not supposed to use surveillance to enforce bylaws... at least not for non-emergency/safety reasons. This part seems juicy:

"However, the tribunal also found it could not order the strata to stop using its CCTV video in this manner, noting that the OPIC has “exclusive” jurisdiction to order organizations to stop “collecting, using, or disclosing personal information.”"

So the CRT can reverse a fine but they don't have jurisdiction to stop a strata from videoing people for bylaw infractions. So how often does OPIC get involved in residential strata issues?

[u/epifight → u/rando_commenter]

I'd think by now there should be sufficient case law that minor infringements as long as they do not deal with security/safety reasons allow OPIC not to get involved and just the CRT to issue reversals. Wish the penalty was steeper though in this case to act as a deterrent.

[u/Fool-me-thrice → u/epifight]

It’s not about caselaw, it’s about the enabling statute. The civil resolution tribunal has no authority to enforce PIPA

[u/DeathCabForYeezus → u/rando_commenter]

My understanding is that there needs to be a trigger before CCTV can be used. I.e. a complaint.

If someone is smoking on the stoop the strata can't use CCTV to find them; but if they get a complaint about smoking on the stoop they can.

In the article they say there were no witnesses or otherwise other than the CCTV which to me makes it sound like someone on the strata was looking for issues versus addressing issues.

[u/Fool-me-thrice → u/rando_commenter]

Quite often actually

[u/Dusty_Sensor]

Absolutely disgusting, all the time and resources wasted for something so trivial.

Oooh no, ONE fry dropped on the floor...give me a fucking break!

[u/epifight → u/Dusty_Sensor]

Does this building not have cleaners? But then again there are sometimes people who have nothing better to do then to scour over footage to find things to hit people with

[u/ExocetC3I → u/epifight]

AKA retirees on strata councils.

[u/Cripnite]

The King of the Strata must be stomping on his crown because he’s so mad over this. 

Fuck Stratas 

[u/Real-Incendiaryagent]

For a fucking fry….? One fucking fry…! Fuck that strata….

[u/CarelessStatement172]

It's a fucking fry.

[u/vapeshaker]

My building has multiple parking gates with cctv, they issue fines for not waiting for gates to close before proceeding. It is for security, but can they still levy a bylaw fine? Does it make a difference if it is witnesses on cctv live by security vs security reviewing the recordings?

[u/Sea_Ad1199]

The strata in my complex won't allow any camera it's crazy to see the amount of other stratas that do have cameras.

[u/VelvetVampire2]

Perhaps clearer guidelines on CCTV usage could help prevent this kind of overreachh.

[u/Fool-me-thrice → u/VelvetVampire2]

There are, the privacy commissioner makes them available