Audio and Video Recording Policy

Full Policy

Purpose

Metrolinx is dedicated to safeguarding its employees, customers, and the communities it serves. Audio and Video Recording (AVR) Systems play a critical role in this commitment by enhancing incident response, monitoring essential infrastructure, protecting public safety, and deterring unlawful activity. All use of AVR Systems shall comply with applicable Metrolinx Policies and Standards.

This policy outlines the framework for the responsible deployment and use of Audio and Video Recording Systems, such as Closed-Circuit Television (CCTV), Body-Worn Cameras (BWCs), In-Vehicle Dash Cameras, Drones, and audio and video recording devices on buses and coaches, excluding in-cab locomotive voice and video recorders (LVVR). It maintains such use is carried out in accordance with Provincial privacy legislation and balances operational requirements with individuals’ reasonable expectations of privacy.

Policy Statement

Metrolinx uses Audio and Video Recording Systems to monitor and protect people, property, and infrastructure. These systems are deployed using an evidence-based approach and only where justified by clear operational needs, safety considerations, or security risks. Their use must align with privacy requirements as set out in the Freedom of Information and Protection of Privacy Act (FIPPA), and Metrolinx’s Enterprise Privacy Policy (CA-0901-01).Audio and Video Recording Systems support:

• Deterrence and investigation of criminal activity
• Monitoring of safety and security incidents
• Evidence for insurance claims and legal proceedings
• Enhanced situational awareness for customer service and enforcement personnel
• Operational awareness and decision-making.

The deployment of these systems will be limited to areas where there is a reduced reasonable expectation of privacy and must never infringe on spaces with a heightened reasonable expectation of privacy, such as washrooms or changerooms. In exigent circumstances with approval, Metrolinx may utilize BWCs in areas such as a washroom (i.e. attending an assault or an overdose call for service).

Scope & Application

This policy applies to all Audio and Video Recording Systems under Metrolinx’s control, subject to contractual agreements, including but not limited to In-Vehicle Dash Cameras, Body-Worn Cameras, Closed-Circuit Television Cameras (CCTV), Drone Cameras and/or audio and video recording devices used for operational and safety purposes, excluding in-cab locomotive voice and video recorders (LVVR). This policy is applicable to all Metrolinx employees including probationary, full-time, part-time as well as both casual and contract employees and any contractor performing work on behalf of Metrolinx.

Guiding Principles for Use

Metrolinx property, including critical infrastructure, may be monitored using Audio and Video Recording Systems for the safety, security and protection of Metrolinx staff, visitors, and customers as well as for the prevention, detection, and prosecution of criminal activity and/or security threats and for operational reasons.

Audio and Video Recording Systems may be used by Metrolinx to support various organizational needs including but not limited to the basis of operational requirements, safety and security concerns, insurance claims, assisting in active investigations, prosecution and litigation of an offence, enhanced situational awareness for customer service and enforcement personnel, or as a result of specific reports of incidents of crime. Metrolinx may use Audio and Video Recording Systems 24 hours a day, 7-days a week due to the nature of Metrolinx operations.

Audio and Video Recording Systems shall only be implemented where:

• A defined operational or security risk exists.
• Other less intrusive alternatives have been considered and found inadequate/insufficient.
• A Privacy Impact Assessment (PIA) has been conducted to identify and mitigate risks.
• Installation and operation follow design principles that reduce privacy intrusion while achieving security objectives.

Recording shall never occur in high-privacy areas (e.g., washrooms, changerooms) except under exigent circumstances with Manager approval.

Every reasonable attempt must be made to maintain that Audio and Video Recording Systems and equipment are not stored in an area that would allow for unauthorized viewing of data and/or materials.

Notice of Use of Audio and Video Recording Systems

In order to provide notice to individuals that audio/video is in use on Metrolinx property, Metrolinx will provide clear and visible notification of active surveillance. Sample signage as shown in Appendix A may be posted at the following locations:

• At entrances to GO and UP Express facilities
• Onboard buses and coaches
• In Metrolinx vehicles equipped with In-Vehicle Dash Cameras
• Around rail and bus platforms, parking lots, and station waiting areas
• On all Metrolinx Body-Worn Cameras

Signage utilized by Metrolinx shall convey the following information to Metrolinx customers: AVR systems may capture audio and visual information during interactions in the course of operations. Your personal information, which may include images, video, and/or audio, is collected under the authority of the Metrolinx Act and the Metrolinx Audio & Video Policy for the purpose of maintaining passenger safety and security. Your personal information is managed in accordance with the Freedom of Information and Protection of Privacy Act (FIPPA). If you have questions, please contact Metrolinx Enterprise Security at EnterpriseSecurity@metrolinx.com.

Metrolinx Authorized Officers equipped with Body-Worn Cameras will also be required to verbally communicate the use of a Body-Worn Camera wherever practicable.

Records Management

Metrolinx utilizes recording devices as part of its Audio and Video Recording Systems. In general, recordings are retained for up to five (5) days as per Provincial mandates. However, certain types of footage may be retained for longer periods due to operational, safety, security, or legal requirements. Recordings that are needed for investigations or legal proceedings may also be preserved beyond this timeframe, in accordance with the Metrolinx Record Retention Schedule.

Any business or operational images and/or recordings captured on a secondary Metrolinx device such as a mobile phone or video capture software on a computer, laptop, or mobile device are only permitted under exigent circumstances, including during a fatality or a critical incident that may pose significant reputational, safety, financial, or operational risk to Metrolinx, or when explicitly authorized by a Metrolinx Director or above.

The recordings or images captured can only be shared with authorization by a Network Operations Director, an Incident Control Manager (ICM), a Regional Control Manager (RCM), a Customer Protective Services Director, the Vice President for Customer Protective Services, or the Vice President for Network Operations. Sharing shall be done through the secure Digital Evidence Management System (DEMS) employed by Metrolinx both internally with persons actively managing the incident and/or the accountable executive of the business unit involved. Externally, it may be shared as per Metrolinx processes with, but not limited to Law Enforcement Agencies, other transit agencies, the Office of the Coroner, the Ministry of Transportation, or other regulatory bodies.

Metrolinx will take all reasonable efforts to maintain that all audio and video recordings will remain safeguarded and controlled at all times, including by applying access controls and encryption.

Metrolinx will take all reasonable efforts to maintain the security of the records in its control and the safe and secure disposal of these records. Storage devices must be disposed of in accordance with applicable technology asset disposal processes and procedures maintaining that personal information is erased prior to disposal and cannot be retrieved or reconstructed. Cloud based storage systems which are utilized shall require