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N.L. privacy commissioner calls cameras in rental home 'incredibly unsettling'

Donovan Molloy says tenants who recently discovered hidden cameras in their St. John's rental house may have had their privacy violated.

Donovan Molloy: 'I can't think of any more egregious way for your personal privacy to be breached'

Donovan Molloy is Newfoundland and Labrador's privacy commissioner. (Ted Dillon/CBC)

Newfoundland and Labrador's privacy commissioner says tenants who recently discovered hidden cameras in their St. John's rental house may have had their privacy violated.

"I can't think of any more egregious way for your personal privacy to be breached, than to have cameras in your home, unbeknownst to you," Donovan Molloy told CBC News.

"It had to be incredibly — and I'm sure it continues to be — incredibly unsettling for her and the other lady that was residing in the house."

In February, Rachel Tribble, 21, originally from Nova Scotia, and her roommate discovered an elaborate system of cameras inside their rental property — including cameras in their bedrooms.

Tribble said the cameras were hooked up to video and audio cables, that connected to a recording device in the attic.

Police have seized equipment from the home. Their investigation is ongoing.

Rachel Tribble says she was shocked to find an elaborate security system in the attic of her rental property in February. A photo taken the night the discovery was made shows there were cameras placed inside the living room and kitchen. (Submitted photo: Philip Rendell / CBC)

Homeowner Kevin Vokey previously told CBC News that the system was installed for personal security while he was living there.

He and the property management company, Metro Property Management, maintained that it was an internal system, with no external access outside of the home, and that footage from the system was never streamed.

Neither Vokey nor Metro responded to emailed requests for comment from CBC News about the privacy commissioner's remarks.

Privacy Act provisions

Molloy said the police investigation will determine who is ultimately responsible, as well as if someone had the ability to monitor the video and audio from the house, either on a past, current, or future basis.

In general terms, he noted that the province's Privacy Act prohibits "surveillance, auditory or visual, whether or not accomplished by trespass, of an individual, by any means including eavesdropping, watching, spying, harassing or following" without consent.

This photo, taken the night of the initial discovery, shows that many of the wires were labelled. (Submitted by Philip Rendell)

If someone violates your privacy, Molloy said, you have a right to bring court action against that person without having to prove any damages, under the act.

"There's also a separate tort that's called 'intrusion upon seclusion,' that's been recognized in this province as an actionable tort," he said.

A tort is something that causes harm to someone but is not a crime, and is instead dealt with as a civil matter.

Molloy said he has never spoken with Tribble, but indicated he would "highly recommend" that she seek her own legal advice.

ABOUT THE AUTHOR

Jen White

CBC News

Jen White is a reporter and producer with CBC News in St. John's, and the host of the CBC podcast One in Six. You can reach her at jen.white@cbc.ca.