Commercial Leasing Bulletin: Security Devices And Privacy – Be Aware!

On October 29, 2020, a joint investigation conducted by the federal, Alberta, and British Columbia Privacy Commissioners (the "Commissioners") found that Cadillac Fairview ("CF") had embedded cameras inside their digital information kiosks at 12 shopping malls across Canada, without their customers' knowledge or consent.

The Commissioners found that CF violated Canadian privacy laws by failing to obtain meaningful consent before using small, inconspicuous cameras and facial recognition technology to collect personal information. Despite CF's assurances that shoppers were made aware of the activity through decals placed at mall entrances referring to CF's privacy policy, the Commissioners determined that this measure was insufficient.