CCTV Surveillance and Personal Injury Cases: Understanding the Legal Boundaries

April 08, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Closed-circuit television (CCTV) cameras are becoming increasingly common in both public and private spaces. For personal injury lawyers, these recordings can serve as valuable evidence in proving or defending a claim. However, the use of CCTV footage must align with legal boundaries to ensure it is admissible and ethically obtained. Let’s explore the correct use of CCTV surveillance in personal injury cases.

The Value of CCTV Footage in Personal Injury Cases

CCTV recordings can provide an unbiased account of incidents, capturing crucial details that witness testimony might miss. In personal injury cases, this type of evidence can:

• Establish Liability: Footage can clearly show who was responsible for an accident, such as a slip-and-fall in a store or a vehicle collision.
• Verify Injuries: Surveillance may document the immediate aftermath of an injury, supporting the claimant’s account.
• Counter False Claims: If someone exaggerates or fabricates an injury, video evidence can help uncover the truth.

While CCTV footage can be powerful, collecting and using it requires a careful approach to remain legally compliant.

Understanding Privacy Laws

In Ontario and across Canada, privacy laws govern how surveillance footage can be used. The Personal Information Protection and Electronic Documents Act (PIPEDA) regulates private sector organizations that collect, use, or disclose personal information during commercial activities. Businesses operating CCTV systems must ensure:

• Notification: People must be made aware they are being recorded. This is often done through clear signage.
• Purpose Limitation: The purpose of the recording must be legitimate — such as security or safety — and not for unrelated reasons.
• Retention and Access: Footage must be stored securely and only kept for as long as necessary.

For lawyers, obtaining this footage legally is critical. A store or business may refuse to release footage without a formal request. In such cases, a court order or disclosure request during the litigation process may be necessary.

When Is CCTV Footage Admissible in Court?

Not all surveillance footage is automatically admissible in court. The footage must be:

• Relevant: It must directly relate to the incident.
• Authentic: It must be verified as untampered and from a credible source.
• Fairly Obtained: Footage obtained unlawfully — such as from hidden cameras in private areas — may be excluded.

Ethical Considerations

Beyond legalities, personal injury lawyers must balance aggressive representation with ethical obligations. Using surveillance to unfairly discredit a claimant or infringe on privacy rights can backfire, potentially undermining a case or reputation.

If you’ve been injured and suspect CCTV footage may support your claim, or you’re facing surveillance evidence in a defense, consulting a skilled personal injury lawyer is essential. They can help navigate the complexities of obtaining and using such evidence correctly.

CCTV can be a game-changer in personal injury cases — but only when used within the bounds of the law. By understanding privacy regulations, admissibility requirements, and ethical considerations, lawyers can ensure they handle surveillance evidence responsibly and effectively.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.