All elements attached to a person, which are part of his private life, and to which, at least in principle, third parties do not have access. Privacy is protected by, without limitation, the Civil Code of Québec, the Canadian Charter of Rights and Freedoms and the Charter of Human Rights and Freedoms.
We have a co-owner who has installed in his apartment a surveillance camera that can capture images of sidewalks located in common portions. This camera, located in his bedroom, can film passers-by through the window. We have been informed that this co-owner plans to install more cameras to monitor the parking lot and surrounding areas this time. These are not cameras that board members have access to. We have received questions and complaints about the legality of these cameras. Question: Can you tell us if this practice is legal in Quebec?
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The desire to preserve the safety of people and property can lead both syndicates and co-owners to consider installing surveillance cameras in the building. For many, when a co-ownership faces repeated acts of vandalism or burglary, video surveillance appears to be the only solution, especially since the decrease in the cost of installations and technical progress facilitate its access. However, the question of the legality of such facilities raises several debates in co-ownership. It should be noted that surveillance cameras are used in many buildings, although they do not please everyone, including the occupants of the building who claim the right to privacy.
However, are surveillance cameras in a co-ownership legal? And if so, is there a procedure to follow?