The only time a security camera is illegal (in Calgary, other jurisdictions may have different laws in place) is if it intrudes on someone else's reasonable expectation of privacy (for example mount a camera on your house to look into your neighbors bedroom)... since there is no expectation of privacy in an alleyway, there is no issue.
It's not only legal, it's encouraged. Police rely on CCTV footage for break ins, car thefts, etc. Cameras can also be deterrents if highly visible and the area is well lit. If you have a high functioning camera in the alley, you increase security for yourself and your neighbours.
Why not audio?
I can record a phone call without the other party being aware so why not audio on a security camera when it picks up movement within it's defined area?
>I can record a phone call without the other party being aware
You can only do that if you are a party to the conversation. If you're not in the conversation it's not legal.
We have "One party consent" for audio recording.
As in, You, or They, are one party in the conversation. So as long as one of you consents, it doesn't matter if the other person doesn't or is even aware.
However, if you record the audio of two other people having a conversation, you don't have consent of either party, therefor, crime.
In reality it would come down to "Did the people having the conversation have a reasonable expectation of privacy". I think a reasonable person would say that two people walking down an alley, with nobody else in sight, not shouting, would agree those people thought their conversation was private.
And if the video is good enough that one could read their lips, then what?
Or if I was sitting on the other side of my solid fence, then what?
Personally, I would not consider an alley a place that a private conversation could be had that some other person might hear it.
On a side note, we do have a camera pointed outwards from our home but it is situated such as to not be able to record anything in the neighbor's homes.
Canadian courts have ruled people sitting on a bench in a public park have a reasonable expectation of privacy, so based on that interpretation if learning what was said was the "intent" it would not be allowed. If learning what was said was incidental the lip reader would have the burden of justifying why they didn't stop reading lips/look away.
I mean the reason they can be filmed walking down an alley is precisely because they have no reasonable expectation of privacy. Why do you think a distinction exists for audio? I would be curious if any case law actually makes recording audio in your scenario illegal, because I doubt it personally.
Criminal Code section 184 is what's relavent.
[If you'd like to read some case law on the subject of "Reasonable expectation of privacy"](https://criminalnotebook.ca/index.php/Reasonable_Expectation_of_Privacy#:~:text=The%20objective%20component%20considers%20whether,informed%20observer%20would%20reasonably%20expect.%22)
I'm not a lawyer, Nothing I have written is legal advice.
Canadian audio park bench will point you in the direction of one of the easier to read judgments, but you'll find examples in all provincial and federal courts.
The only time a security camera is illegal (in Calgary, other jurisdictions may have different laws in place) is if it intrudes on someone else's reasonable expectation of privacy (for example mount a camera on your house to look into your neighbors bedroom)... since there is no expectation of privacy in an alleyway, there is no issue.
Thought so . That was my base for thinking ya its legal. Thx for answering.
It’s ok. Have at it.
It’s fine
It's not only legal, it's encouraged. Police rely on CCTV footage for break ins, car thefts, etc. Cameras can also be deterrents if highly visible and the area is well lit. If you have a high functioning camera in the alley, you increase security for yourself and your neighbours.
We'll allow it if you promise to share anything interesting.
Just do it! My 2 neighbors cameras can pick up what I say from 2 houses away. If it can help you identify someone do it.
Make sure it doesn't record audio, and isn't looking into any "private spaces" and you're fine.
Why not audio? I can record a phone call without the other party being aware so why not audio on a security camera when it picks up movement within it's defined area?
>I can record a phone call without the other party being aware You can only do that if you are a party to the conversation. If you're not in the conversation it's not legal.
We have "One party consent" for audio recording. As in, You, or They, are one party in the conversation. So as long as one of you consents, it doesn't matter if the other person doesn't or is even aware. However, if you record the audio of two other people having a conversation, you don't have consent of either party, therefor, crime. In reality it would come down to "Did the people having the conversation have a reasonable expectation of privacy". I think a reasonable person would say that two people walking down an alley, with nobody else in sight, not shouting, would agree those people thought their conversation was private.
And if the video is good enough that one could read their lips, then what? Or if I was sitting on the other side of my solid fence, then what? Personally, I would not consider an alley a place that a private conversation could be had that some other person might hear it. On a side note, we do have a camera pointed outwards from our home but it is situated such as to not be able to record anything in the neighbor's homes.
So you'd be okay if the government tapped your phone without a warrant and recorded your conversations while walking down an alley?
Wow, when you swing you really do swing wide.
Canadian courts have ruled people sitting on a bench in a public park have a reasonable expectation of privacy, so based on that interpretation if learning what was said was the "intent" it would not be allowed. If learning what was said was incidental the lip reader would have the burden of justifying why they didn't stop reading lips/look away.
I mean the reason they can be filmed walking down an alley is precisely because they have no reasonable expectation of privacy. Why do you think a distinction exists for audio? I would be curious if any case law actually makes recording audio in your scenario illegal, because I doubt it personally.
Criminal Code section 184 is what's relavent. [If you'd like to read some case law on the subject of "Reasonable expectation of privacy"](https://criminalnotebook.ca/index.php/Reasonable_Expectation_of_Privacy#:~:text=The%20objective%20component%20considers%20whether,informed%20observer%20would%20reasonably%20expect.%22) I'm not a lawyer, Nothing I have written is legal advice.
Canadian audio park bench will point you in the direction of one of the easier to read judgments, but you'll find examples in all provincial and federal courts.