Usage of voice and video recorders — Balancing rights and obligations
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Jean L. Laporte
Chief Operating Officer, Transportation Safety Board of Canada
Ottawa, Ontario, 22 April, 2016
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Slide 2: Current Status
- Under the Canadian Transportation Accident Investigation and Safety Board Act (CTAISB Act) on-board recordings are privileged
- TSB may use on-board recordings in its investigations
- Only a few other uses are permitted (e.g. coroners)
- Court may order the disclosure under certain circumstances
- CTAISB Act specifically prohibits use of recordings against workers in disciplinary, legal or other proceedings
Slide 3: Moving Forward
- Society has changed since the CTAISB Act was proclaimed
- There are cameras everywhere
- There are potential safety benefits to be derived from the broader use of on-board recordings by operators and regulators
- However, there are a number of competing interests that must be considered before changing the legislation and the rules
- Balancing Rights and Obligations
Slide 4: The Workers
- Rights
- Charter of Rights and Freedoms
- Privacy
- Trust and respect
- Fair and equitable treatment
- Collective Agreements
- Obligations
- Compliance with laws, regulations and rules
- Compliance with company policies and procedures
- Exercise due diligence
- Duty of loyalty to employer
Slide 5: The Operators / Companies
- Rights
- Define policies and procedures
- Manage operations and supervise employees
- Take corrective actions, including discipline
- Obligations
- Compliance with laws, regulations and rules (Canadian and international)
- Respect the rights of workers
- Collective Agreements
- Effectively manage safety risks
- Take corrective actions
- Exercise due diligence
- Accountability to shareholders ights
Slide 6: The Government, Regulator and TSB
- Rights
- Make laws, regulations and rules
- Monitor, inspect and audit to ensure compliance
- Investigate
- Take corrective actions, including imposing penalties
- Obligations
- Compliance with laws, regulations and rules (Canadian and international)
- Respect the rights of workers and companies
- Ensure proper oversight
- Take corrective actions
- Exercise due diligence
- Accountability to the public
Slide 7: Third Parties
- Rights
- Access to information
- Fair trial in all types of litigation
- Proper administration of justice
- Hold government accountable
- Obligations
- Compliance with laws and regulations
- Respect the rights of individuals and organizations
Slide 8: Balancing the Rights and Obligations
- What is the definition of an on-board recorder?
- What / who can be recorded?
- Who can have access to the recordings?
- Internally / externally
- What use can be made of the recordings?
- Internally / externally
- How long are the recordings retained?
Slide 9: Balancing the Rights and Obligations
- How can the rules be enforced and who will enforce them?
- Internally / externally
- How do we respond to criminal investigations / prosecution and civil litigation issues?
- How do we reconcile with different laws, regulations and rules in other countries?
- Canadian workers and/or companies abroad
- Foreign workers and/or companies in Canada
Slide 10: Balancing the Rights and Obligations
- We all have some thinking to do in order to prepare and be ready, because there are no easy answers to all these questions
- Once we open the door, it will be very difficult to close it
- We therefore need to do things right the first time