Dash Cam in Employer Vehicle

[Tammy Mack]

#96938

Forum: Community

Can an employer install a front/back view dashcam with audio without first informing employee in Saskatchewan?

Second part, can an employee be disciplined based on the footage captured by the dashcam?

Is there a violation to privacy of personal phonecalls being recorded even if they are not used in any disciplinary form, but employee is concerned of the information that may be heard?

[Haley O’Halloran]

#96940

1. Can an employer in Saskatchewan install a front/back dashcam with audio without informing the employee?

Criminal Law (Recording Audio):
Under the federal Criminal Code (section 184), it is a criminal offence to record a private conversation unless at least one participant consents. Thus, an employer who is not a party to audio recorded in the vehicle (for example, recording employee-private phone calls or discussions with others) could be violating criminal law. Employers must obtain consent or ensure they are a participant in the conversation.
CanLII Connects

Privacy Law (Saskatchewan, LA FOIP, PIPEDA):
Saskatchewan’s privacy norms, particularly applicable to public institutions, require surveillance only for legitimate purposes and generally require notice and reasonable measures. The Office of the Information and Privacy Commissioner of Saskatchewan has emphasized that audio surveillance should be accompanied by a privacy impact assessment, clear employee notification, appropriate signage, and limiting collection to what’s necessary.

Summary: Recording audio without prior notice—especially if it intercepts private conversations—raises serious legal concerns. Employers are expected to notify employees and limit such surveillance to legitimate business purposes, applying proper safeguards.

2. Can an employer discipline an employee based on dashcam footage?

Yes—as long as the surveillance was lawful and transparent.

If the camera was installed with proper notice for a legitimate purpose (e.g., safety), and not intrusively, then footage showing misconduct can generally be used in disciplinary actions.

However, if audio or video was collected improperly (secretly or beyond necessity), using that footage could breach privacy laws or raise ethical and legal challenges.

3. Is recording private phone calls a violation—even if not used for discipline?

Yes, potentially.

Criminal law: Recording a private call without consent (if the employer isn’t a party) is likely a violation of section 184.

Privacy legislation: Even if not used in discipline, mere collection of private personal communications without consent or notice likely breaches privacy expectations and is against PIPEDA or provincial privacy directives. Employers should only collect what is necessary and must inform employees.

What you can do as an employee:

Ask to review your employer’s surveillance policy and whether a privacy impact assessment (PIA) was done.

Ask whether the audio is being retained, where, who has access, and how long it’s kept.

If concerned, you may contact the Office of the Information and Privacy Commissioner of Saskatchewan for advice or to file a complaint.

In Saskatchewan, as elsewhere in Canada, surveillance must be:

Transparent — Employees should know about it beforehand.

Proportionate & necessary — Used only for legitimate purposes (e.g., safety, investigation).

Legally compliant — Must not contravene criminal law (e.g., unauthorized audio recording) or privacy statutes.

Recording private conversations without notice—especially via dashcam audio—poses legal risks, even if the employer chooses not to use that footage for discipline.

Let me know if you’d like help drafting further questions to your HR or privacy officer, or exploring next steps including contacting the privacy commissioner.

-HRInsider Staff

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