More and more homeowners have surveillance/video recording equipment in their homes, which is sometimes left operational during showings with potential buyers.

CREB^® Member Practice recommends that REALTORS^® share the following information with their clients to protect both the buyers and sellers from privacy issues. 

Individual privacy rights

The Personal Information Protection Act (PIPA) is the law that governs and sets parameters around the collection of personal information in Alberta. Personal information for the purposes of the act includes a wide range of information about an identifiable person such as their name (legal or nickname), opinions, physical description, gender, or visual images like photographs and recordings where individuals may be identified.

A video/audio recording captures a plethora of personal information and brings the seller under the purview of PIPA, which stipulates collecting this sort of information without informed consent is illegal. The seller could also be liable under Section 184 of the Criminal Code if they “knowingly intercept private communication” during such a video recording.

The role of REALTORS^®

It is best practice that selling REALTORS^® have a conversation with their clients and explain the legal implications of audio/video recordings. Sellers should either deactivate any recording devices or seek the informed consent of any individuals that will be recorded. Consent should be obtained before any of these individuals enter the property, either by clearly posting a notice on the exterior of the property or by obtaining consent during the process of booking showings.

Buying REALTORS^® should also have a conversation with their clients to find out how comfortable their buyers are with potentially being recorded. Depending on their response, make sure to relay this information to the listing REALTOR^® before viewing that particular property. It might also be a good idea to remind buyers to have conversations that could affect future negotiations after they leave the property and are assured of the privacy of their communications.

Learn more

The Real Estate Insurance Exchange (REIX) has provided additional information on risks associated with making and using recordings obtained without consent. Click here for more information.

If you have any additional questions, please email CREB^® Member Practice at crebmp@creb.ca.