Video Surveillance Guidelines Spark Industry Challenge

November 14th, 2009

By Sarah Schmidt, Canwest News Service    November 11, 2009500_1193243986_CCTV

Canada’s privacy czar is facing demands from key players in the insurance industry to butt out of claim investigations and to stop complaining about the use of covert video surveillance to catch suspected insurance cheats. After fielding a growing number of complaints against insurance companies, the Office of the Privacy Commissioner issued guidelines to the private sector in May to protect people against covert video surveillance, characterizing it as an “extremely privacy-invasive form of technology” to be considered “only in the most limited cases.”

“Covert surveillance is an intrusive act, and, if there are other means to resolve a dispute, we believe they should be explored first,” such as independent medical exams, assistant commissioner Elizabeth Denham said. Private investigators have fired back, calling on the insurance industry to disregard the directives. “Our advice to the industry is, if you need to investigate, do not be deterred by the privacy commissioner’s guidelines,” said Norman Groot, counsel to the Canadian Association of Private Investigators.

“We challenge the privacy commissioner on the existence and scope of a right to privacy in public places, and we say that, where there are flags of fraud, the right to defend and the right to investigate supersedes another’s right to privacy of their image in a public place.” The country’s privacy watchdog is also fending off a State Farm Insurance legal challenge questioning her jurisdiction over investigations in the first place.

The largest property and casualty insurer in North America is asking the federal court to rule that personal information collected during these investigations, including copies of covert video surveillance reports and tapes, falls outside the scope of Canada’s private sector privacy law. State Farm turned to the court in response to an investigation of a complaint against the insurance company. A man under covert video surveillance complained to the privacy commissioner after the company refused to provide him with the information compiled about him.

State Farm is seeking an order that the Personal Information Protection and Electronic Documents Act (PIPEDA) does not apply to the privacy interests of the man under surveillance. This is the second challenge to the privacy czar’s authority this year from an insurance company.

Following an investigation into the covert surveillance practices of a private investigation firm working on behalf of an insurance company, the privacy commissioner determined the complaint was well-founded and recommended the firm depersonalize or remove third parties caught on video without their consent. In this case, a mother and daughter were videotaped during covert surveillance of the mother’s sister, who had begun legal proceedings against her insurer over benefits following a car accident.

The privacy commissioner also found that the collection, use or disclosure of personal information about third parties without their consent was only acceptable in certain, specific situations: for example, when the information is relevant to the purpose of the collection of information about the subject of the surveillance. The privacy commissioner declined to bring an application to Federal Court to enforce the recommendations even though the firm refused to implement the recommendations.

© Copyright (c) The Ottawa Citizen

Bill 168, Occupational Health and Safety Amendment Act

November 10th, 2009

Bill 168, Occupational Health and Safety Amendment Actpwi_02-02-140

(Violence and Harassment in the Workplace), 2009

The Standing Committee on Social Policy will meet to consider Bill 168, An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters. The Committee intends to hold public hearings on November 17, 23 and 24, 2009. Interested people who wish to be considered to make an oral presentation on Bill 168 should contact the Committee Clerk by 5:00 p.m. on Monday, November 9, 2009. An electronic version of the Bill is available on the Legislative Assembly website at: www.ontla.on.ca

Shafiq Qaadri, MPP  Chair

Katch Koch Clerk

Room 1405, Whitney Block

Queen’s Park, Toronto ON  M7A 1A2

Telephone/Téléphone: (416) 325-3526

Facsimile/Télécopieur: (416) 325-3505

TTY/ATS : (416) 325-3538

Roll Out of Mandatory Training Under PSISA Now Delayed Until Mid 2010

September 17th, 2009

B Robertson Photo - blog formatby Brian Robertson, B.A., LL.B.

President, Diligent Security Training and Consulting Inc

www.diligenttraining.ca

Companies who were hoping to find out this month whether or not they had been awarded the contract to deliver standardized testing services as part of the mandatory training requirements that are to be brought in under the Private Security and Investigative Services Act (PSISA) have recently been notified that the Province’s original RFP has been cancelled and that a new RFP will be issued within the next few weeks.  As a consequence of this development, the Province’s anticipated target for implementation of standardized testing will now be pushed back from around the end of this year to sometime in the middle of 2010.

The original RFP, which was issued in late May, called for a successful contract services vendor to be selected by sometime in September, and for testing services to be up and running by the end of December.  With a new RFP slated to come out between now and the middle of October, it is unlikely that testing will now be implemented anytime prior to May or June, if then.  The Private Security and Investigative Services Branch (PSISB) is expected to make some kind of formal notification to industry stakeholders over the next couple of weeks.

Meanwhile, the Province’s contract with test development company Castle Worldwide proceeds on schedule.  The first test forms are being piloted this month, and subject matter experts from the industry have been invited to participate in standard setting workshops – for the purpose of making recommendations regarding pass marks for the two tests (one for security guards and one for private investigators) – on the last 2 days of September.

It is as yet unknown what effect this most recent setback – the additional  delay in the process of selecting an outside company to administer the standardized testing process – will have on any plans the Province may have had to publish the new Training and Testing Regulation which it is in the process of finalizing the wording for.  In June of this year the PSISB circulated a draft regulation for comment by industry stakeholders.

No Online Option for Security Training in Ontario: What Year Is This?

August 21st, 2009

B Robertson Photo - blog format

by Brian Robertson, B.A., LL.B.

President, Diligent Security Training and Consulting Inc

www.diligenttraining.ca

It has been 2 years since the Private Security and Investigative Services Act (PSISA) came into force in Ontario, over 6 years since the Province of Ontario stated its intention to include mandatory training as part of its regulatory reform package, and nearly 10 years since Patrick Shand died as a result of having been handcuffed and pinned down during an arrest in a parking lot in Scarborough.  This coming winter the first phase of mandatory training for licensed security guards and private investigators in Ontario will finally be implemented.  By next spring, it will have become an across-the-board requirement that all new guard license applicants have completed a 40-hour training course, and that all new PI license applicants have completed a 50-hour course, prior to licensing.

Early on in the process of determining what mandatory training in Ontario would look like, the Private Security and Investigative Services Branch (PSISB) decided that mandatory training would have to be delivered by means of face-to-face, instructor-facilitated, classroom-based learning.   The prescribed content has been set out in very broad general terms, and there will be no requirements for instructor certification, but the training will have to be delivered face to face.  No on-line delivery options will be permitted.  If a student hasn’t spent the requisite 40 or 50 hours in a classroom receiving instruction from a live instructor, he or she will not have met the Province’s mandatory training requirement.

There are many people in the security industry, including probably most trainers, who are generally convinced that receipt of face-to face instruction by a qualified instructor, coupled with the opportunity to ask questions and participate in class discussions, offers a way better learning experience for the average student than completion of a self-paced on-line course does. This may be true in many cases.  But not necessarily in all.

The young millenials who we all hire these days are a generation who were raised online. Online learning is second nature to many of them.  And the developments in on-line learning technology and pedagogy that have been made over the course of the last 20 years (i.e., since many of us went through basic training) have created opportunities for online learning that can be highly interactive.   Meanwhile, the ideal of rich, robust, interactive classroom learning that we all like to imagine pre-supposes the presence of an instructor who knows and loves his or her topic, who loves to teach, and who knows how to teach well.  It also pre-supposes that at least some of the students present will be the kind of thoughtful, motivated, active learners who like to participate in class discussions.  If one or other or both of these elements is absent, classroom learning can be a pretty tedious affair.

I’ll make the argument that neither on-line learning nor classroom learning are inherently any better than the other.  Everything we know about adult learning tells us that different learners have different learning styles, and all like to learn in different ways and at different paces.  Plus, online learning offers a practical learning option for students who live in the sorts of small communities and rural areas where the low numbers of people who will require training will mean that participation in formal classroom instruction is cost prohibitive.  It’s easy to organize a classroom-based course if you’ve got 24 students who need to take it.  It’s less easy if only one or two people in your town need to take it.

One of the reasons that the public regulators who set up mandatory training requirements tend to shy away from allowing online learning is their dogged commitment to the idea that training standards have to be articulated in terms of minimum training hours.  If you start with the notion that a course has to be 40 hours in length, how can you permit asynchrous online learning?  There’s no truly effective way to run a stopwatch on online learning.  But the idea of minimum training hours also flies in the face of everything we know about adult learning.  So a student sits for 2 hours in a room where a lecture on use of force theory is being delivered.  So what?  This tells us nothing about what that student has or has not heard, understood, and retained.  In the end, it will be the test administered by the PSISB that determines whether or not the poor fellow knows anything.  If he can pass it, who cares whether he acquired his knowledge from a 40-hour course, a 400-hour course, an on-line course, a good textbook, or from watching the discovery channel?  Either he knows the answers or he doesn’t.   If he does, why not let him go to work?

There are some well-qualified purveyors of on-line security training out there, and it will be interesting to see whether or not they attempt to bring pressure to bear on the PSISB to reconsider its position on on-line learning.  It will be interesting to see whether or not we in Ontario ultimately end up getting a mandatory training requirement designed for this century, or for the last.