Condo Smarts: Personal privacy protected by B.C. legislation

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Dear Tony:

Our strata corporation has a very closely managed privacy policy to address information we collect from owners, how it’s managed, bylaw enforcement and hearings. We have discovered a gap that is a concern for all residents.

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Our community shares a facility with two other strata corporations and we have a pool, sauna, playground, meeting room and tennis courts. One side of each building faces into the recreation area.

Our strata council has received numerous complaints of a person photographing children and young resident activities.

Because we are multiple properties each with separate privacy standards, is there some ability to prevent or control what are now becoming invasive activities?

— J.B.L.

Dear J.B.L.:

The Personal Information Protection Act in B.C. is intended for protection, management and use of personal information collected by corporations, governments, associations and housing corporations and associations.

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In British Columbia we also have the Intimate Images Protection Act.

It is unlawful to use or share images of a person without their consent. Photographing individuals, especially children, may be a violation of the Criminal Code and either the strata corporation or the parents are advised to contact the police and file a complaint.

There is no acceptable reason a person should be filming or recording images of children in recreation areas without the explicit consent of the parents. It doesn’t mean families cannot take pictures of their family and friends in gatherings, but it does raise serious concerns about the use and intent for the images. Strata corporations may set limitations in their bylaws regarding the activities of residents in common areas.

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For example, where personal exposure is a potential such as change rooms, showers, saunas, hot tubs and pools, CCTV cameras are not permitted. The same rule may apply to use of phones or cameras and explicitly prohibit the use of recording or photo devices without consent.

An interesting observation is one of the three strata corporations in your complex does not have a privacy policy or any privacy bylaws to manage the collection of personal information. This is a mandatory requirement under the legislation. As you share common facilities, operations and staffing, a parallel privacy policy and bylaw for each of the corporations would ensure consistent conditions and applications for all owners, tenants and residents.

Any bylaws a strata corporation adopts must comply with the Strata Property Act, the B.C. Human Rights Code and any other enactment of law.

For this reason, legal advice on the creation of bylaws is always recommended before they are adopted by a strata corporation.

Tony Gioventu is executive director of the Condominium Home Owners Association. Email tony@choa.bc.ca.

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