Former Vancouver Park Commissioner Sarah Blyth raised concerns on X (formerly Twitter) about a couple photographing unhoused individuals without their consent, sparking debate on social media. While some argue that there’s no expectation of privacy in public spaces, others believe that the couple’s actions infringe on basic human rights.
Vancouver criminal lawyer Kyla Lee explained that public spaces like beaches generally don’t offer a reasonable expectation of privacy, but there could be privacy violations when recording homeless individuals.
“For example, if these people are filming for the purpose of profit or some sort of gain, that could be a violation of privacy laws under the Personal Information Protection Act (PIPA),”
Kyla Lee, Criminal Defence Lawyer on Castanet
“The definition of personal information under the Act is broad, ‘personal information’ means ‘information about an identifiable individual and includes employee personal information.’ So arguably personal information — like where someone sleeps, uses drugs, or engages in economic activities — requires consent for disclosure.”
Lee also noted that while journalists have exceptions under PIPA, these do not apply if the work is mocking or degrading. Furthermore, voyeurism charges could apply in places where individuals expect privacy, like gyms, especially if the recording is for a sexual purpose.
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