Privacy and ethics

The capture of images of human subjects for research purposes involves the need to address privacy concerns, including issues related to the disclosure of image records. Such issues have recently been brought to public attention through the capture and distribution of images of public spaces by Google Street View and Canpages services, in response to which Canada's Privacy Commissioner has engaged in a clarification of privacy rights concerning photographic images in public spaces—noting that individuals have the right to know when they are being photographed and what purposes the photographs will be used for, to provide or decline consent to be photographed, and to have their images blocked or removed from public distribution (Privacy Commissioner Blog, 7 April 2009). The Personal Information Protection and Electronic Documents Act (2000) explicitly provides blanket protection for "personal information", defined as information about an identifiable individual other than the name, title or business address or telephone number of an employee of an organization (art. 2.1). According to this act, knowledge and consent are required in all cases where personal information is collected or disclosed, with the exception of use for "personal or domestic purposes" (art. 4.1b) or for "journalistic, artistic or literary purposes" (art. 4.1(c), 7.1(c)). Concerning research and scholarship, articles 7.2(c) and 7.3(f) indicate that personal information may be non-consensually collected or disclosed for scholarly or research purposes only under conditions where obtaining consent is impracticable, confidentiality has been ensured, and the Commissioner has been notified; "disclosure" in the form of submission to an archive for conservation is also deemed permissible. Thus, beyond the specific ethical implications of the research project, it is legally imperative for an ethnographic research project involving images of human subjects to be conducted with the full consent of all participants. While the current project is expected to serve as a prototype for a research component to be conducted outside of Canada, compliance with these regulations remains essential even in the projected Mongolian field site insofar as the research is funded by Canadian sources (Social Studies and Humanities Research Council and the Government of Manitoba), and is conducted as part of a degree program at a Canadian institution (The University of Manitoba).

Consent to participate in a research study is, according to the Tri-Council Statement on Ethics, expected to be obtained in writing. Notwithstanding the acknowledgement of the American Anthropological Association that obtaining written consent is not always practicable in ethnographic research (Code of Ethics item A4) and the indications of the Model Code for the Protection of Personal Information (Can/CSA-Q830-96 sect. 4.3.7) that consent can be given orally, in writing, or implied in the use of a product or service, negotiating and signing written contracts between researchers and subjects, where such a strategy is indeed possible, may—beyond its role in meeting legal and institutional requirements—be of vital importance in establishing and clarifying agreement on the terms of collection and use of photographic records. The need for proper discussion and negotiation of these questions is particularly high given the potential for identification of individuals in publicly-distributed photographic images.

For the purposes of the Oatmeal Squares Project separate written consent forms have been established and collected from participants whose images were recorded and from owners of private spaces in which the camera was located (Consent to be photographed; Consent to the installation of photographic monitoring equipment). In addition, this project has adopted a set of guidelines for the use of private data listed below.

Draft guidelines for the use by the OSC of records containing personal information

Continuous Monitoring (CM) inevitably involves the collection of personal information; this information should be limited to that which is essential for the research purposes. In relation to specific types of information which should not be collected:
- Names, addresses, or other personal data concerning identifiable individuals, other than what is visible in the images themselves, should not be collected.
- There should be no distribution of documentation concerning activities outside the scope of the space being monitored, except where separate consent has been obtained. Just as caution must be exercised in the use of recordings in a residential parking garage, which could potentially be used to track tenants' movements, we must ensure "spot coverage" rather than intensive coverage that could be used for tracking.
- No sound recording will be associated with the visual records. Although this decision implies a considerable loss of potential research data, the privacy concerns mitigating against the use of passively recorded conversations outweigh their potential utility.
- No images should be captured at sensitive locations—sites where the association or observed activities of individuals can compromise their security or reputation.
- Information that could compromise business or trade secrets, etc. should not be disclosed.
Consent must be obtained for all photography.
- Where possible, recordings should be made in private spaces.
- Visible signs must be posted prior to entry to a publicly-accessible, privately-maintained space in which continuous monitoring is taking place, so that visitors can choose not to enter. Such signs must include contact details for people who have questions or wish to access the recordings (Guidelines for Overt Video Surveillance in the Private Sector:3).
- Written consent must be obtained for recordings conducted in a private residence, workshop, or similar space. In the case where outside visitors can be expected to enter a monitored private space, ensure that the owners of the space take on responsibility for informing potential visitors.
Images should be made accessible to everyone represented in them, and those individuals should have the opportunity to review and authorize individual images prior to their distribution. Methods of access include:
- Publication in an online or offline community archive.
- Distribution by VCD or DVD.
- Revisiting and commentary during in-person sessions with project participants and researchers.