A surveillence camera in Kelowna's Stuart Park.

(JOHN MCDONALD / iNFOnews.ca)

KELOWNA - How's this for irony?

The B.C. Office of Information and Privacy has concerns about how Kelowna is using its 368 surveillance cameras and is currently reviewing a privacy impact assessment submitted by the city.

The commission has already made public its general concerns and has zeroed in on live monitoring of some of Kelowna’s surveillance cameras, asking what they will be used for and how the cameras will solve stated problems without violating the privacy of people caught on tape.

Kelowna believes it has designed its surveillance camera program in compliance with the privacy commission’s guidelines and can justify their legitimate use.

Just don’t ask to see what that justification is. That’s private.

"The city may be prepared in future to release parts of our submission to the OIPC,” city clerk Stephen Fleming said in an email statement. "At the moment the city is not in a position to release or it make available for viewing.”

"Such submissions to an 'Officer of the Legislature' (which includes the Office of the Information and Privacy Commissioner) are confidential and excluded from Part 2 Freedom of Information Protection of Privacy Act, the part that deals with access to records.”

Commission spokesperson Michelle Mitchell confirmed her organization has received and is reviewing the privacy impact assessment but only confirmed it because the City of Kelowna had already stated it publicly.

“We can confirm they have submitted it to us,” Mitchell said. “Normally, since they are confidential we don’t confirm or deny them.”

Mitchell said her office doesn't publicly announce the assessments isn’t because of sensitive private information within them but to make sure organizations like the City of Kelowna don’t hesitate to submit them.

“It’s confidential because we want to encourage public bodies to come forward and private organizations if they are going through something like this to feel comfortable submitting the information to us," Mitchell said.

She wouldn't speak directly to Kelowna's application and said hard numbers aren't always part of it.

"We're not necessarily trying to get data from them," Mitchell added. "We need a description of the program and how it meets the requirements of the law."

Should the commission find anything amiss with Kelowna’s use of cameras, Mitchell said her organization will work with the city to get compliance with the Freedom of Information and Protection of Privacy Act.

If the city balks at compliance, Mitchell said the commission has the power — albeit never used — to legally order it.

“If they don’t comply, we do have order-making powers but we’ve never had to do that,” Mitchell said. “Generally what happens is when we make recommendations, they change. They want to be in compliance with the law.”

Mitchell said the review of the privacy impact assessment will likely be complete by the end of the summer.

But if the commission does find a violation and makes a recommendation, don’t expect to hear it from the commissioner. That’s also private.

“These consultations are confidential so we wouldn’t release (anything) saying we had made recommendations to them,” Mitchell said. “They may choose to do so, but that’s up to them."

For more stories on surveillence cameras in Kelowna.

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