Video surveillance of suspected fraud reasonable: Adjudicator

Office of Alberta privacy commissioner finds surveillance was for law enforcement purpose; allowed under privacy legislation
By Jeffrey R. Smith
|Canadian Employment Law Today

The Alberta Workers’ Compensation Board (WCB) legally used video surveillance to determine if a disabled worker made a fraudulent claim, according to an adjudicator from the office of the Alberta information and privacy commissioner.

The worker was injured while working for the Calgary Police Service and went on disability benefits in 2002. However, the WCB suspected she had misrepresented the extent of her disability. It launched an investigation and contacted the highway patrol of the district of Rocky View, Alta., to get her legal land description. The WCB gave the municipality the worker’s name and mailing address to get the land description and hired a private investigator to conduct video surveillance of her on May 14 to 17, 2002.

In June 2005, the worker obtained the information collected through an access request and filed a complaint, saying the WCB had violated Alberta’s