Guides

Photo and video consent for BC businesses: the basics before you film

If a person or their home can be recognised in your marketing photos or video, treat it as personal information: tell them why you are filming, get their consent in writing, and let them say no. BC's private-sector privacy law sets the expectations; this guide explains them in plain language.

Written by Ali Sedighi, MBAPublished: Last updated:

If someone can be recognised in your marketing photos or video, or their home can be identified, treat that footage as personal information. In practice that means three habits: say why you are filming, get consent before you film, and make it easy for people to say no or change their mind later. Most problems we see come from skipping the first step and assuming a smile on camera means yes.

This guide covers the basics for BC businesses. It is not legal advice. It summarises public sources and the practices we follow on our own shoots. For your own release wording, or anything unusual, talk to a lawyer.

Why privacy law applies to marketing photos

BC has a provincial law for private-sector organizations: the Personal Information Protection Act, usually called PIPA. The Office of the Information and Privacy Commissioner for BC describes it as covering corporations, not-for-profits, charities and other private bodies that collect, use or disclose personal information. A small renovation company or a hair studio counts.

As of October 2026, a few parts of the Act matter most for anyone filming for marketing:

  • Consent is the default. Section 6 says an organization generally needs consent to collect, use or disclose personal information, unless the Act says otherwise.
  • Purpose comes first. Section 10 says you must tell people, verbally or in writing, why you are collecting their information before you collect it.
  • Implied consent is narrow. Section 8 allows implied consent when the purpose is obvious and the person volunteers the information for it. Someone handing you their phone number for a quote has not implied consent to appear in your Instagram reel.
  • Consent can be withdrawn. Section 9 lets people withdraw consent on reasonable notice, and you must stop using the information unless the Act allows otherwise.
  • No forced consent. Section 7 says you cannot make unnecessary consent a condition of providing your service. "We'll only do the job if we can film you" is a bad idea.

The OIPC publishes a longer Guide to PIPA for organizations. It is worth an hour of any owner's time.

What counts as identifiable on camera

More things identify a person than most owners expect. Before publishing, scan every frame for:

  • faces, including reflections in windows, mirrors and appliances
  • house numbers, street signs and distinctive front doors
  • licence plates in driveways
  • names on mail, packages, diplomas or kids' artwork on a fridge
  • family photos on walls or shelves
  • screens showing email, calendars or messages
  • distinctive tattoos, voices or clothing of people who did not agree to be filmed

Children deserve extra care. As a working rule, we do not film children at all on marketing shoots, and if one wanders into a shot, the shot is not used.

The routine we use on every customer shoot takes about five minutes:

  1. Ask early. Raise filming when the job is booked, not when the crew arrives. People need time to think.
  2. Explain exactly what you want. "Close-ups of the new tile and a short clip of the finished room. No faces, no street view, no address."
  3. Say where it will appear. Website, Google Business Profile, Instagram, YouTube. Be specific.
  4. Get it in writing. A short signed release, or a written reply to a text or email that sets out the terms.
  5. Offer a preview. Let them see the edit before it is posted. It costs little and builds goodwill.
  6. Record it. Keep the release with the job file, noting which footage it covers.

If the customer says no, thank them and film only what they allow, or nothing. Never film anyway and "decide later".

Staff and subcontractors

Employees and subcontractors have the same right to say no. Some will be happy to appear; others have good personal reasons not to be online. Ask each person individually, explain where footage will be used, and get written consent. Plan shots so people who decline can still be part of the day: hands-only shots, backs to camera, or behind-the-scenes roles.

Keep in mind that staff move on. Decide in advance what happens to clips featuring someone who leaves, and put that in your release. Many businesses agree to stop new posts of former staff while leaving older posts up unless asked; whatever you choose, write it down.

Strata buildings, workplaces and public places

Strata and rental buildings. In a condo, the suite belongs to the owner, but hallways, lobbies, elevators and parkades are usually common property. Filming there may need the strata council's or property manager's permission, and other residents may appear. Keep to the suite unless you have clear permission.

Commercial premises. Filming inside a client's business usually means permission from the owner and care around their customers and staff, who may not want to be filmed.

Public property. Parks, streets and civic spaces have their own rules. In Coquitlam, the City's Film Office handles questions about film permits, so call it before planning a shoot on city property. Even where filming is allowed, avoid recognisable bystanders in marketing footage.

What a release should cover

A release does not need to be long. Ask a lawyer to review your standard version once, and make sure it covers:

  • the business name and the person's name
  • what is being filmed or photographed, and what is excluded
  • where and how the footage may be used, and for how long
  • whether the person or property will be named or located (we recommend area only, never address)
  • how to withdraw consent and who to contact
  • what happens to footage of staff who leave
  • signature, date and, for customers, the job reference

A template outline, to adapt with legal advice:

I, [Full name], agree that [Business name] may film and photograph [describe the work or area] at [Neighbourhood, City] on [Date] and use the footage on [list channels] to promote its services. [Business name] will not show [faces / house number / vehicles / family members]. I can withdraw this consent by contacting [Contact name, phone or email]. Signed: [Signature]. Date: [Date].

Common mistakes

  • Treating a quote form or invoice as consent. Providing contact details for a job is not agreement to appear in ads.
  • Filming first, asking later. Ask before the camera comes out.
  • Losing track of where footage is posted. Keep a simple log so you can remove a clip quickly if someone withdraws consent.
  • Ignoring the background. Most privacy slips are in the edges of the frame.
  • Copying someone else's release from the internet. It may not suit BC or your business.

How we apply this

On every shoot we plan, consent is sorted before filming, identifiable details are framed out by default, and releases are kept with the job record. If you are planning a project video or a photo library, this is the first conversation we will have. For the practical side of the day itself, read the one-day shoot guide, or contact us with questions.

Frequently asked questions

Is verbal consent enough?

BC's private-sector privacy law allows consent in several forms, but for marketing use written consent is much easier to prove later. A short signed release, or a clear text or email reply, protects both you and the person filmed.

Can a customer change their mind after the video is posted?

Under BC's Personal Information Protection Act, people can generally withdraw consent on reasonable notice. Plan for it: know where each clip is posted so you can take it down or re-edit it quickly.

Do I need consent to film my own employees?

Treat staff like anyone else for marketing footage. Ask, explain where the footage will appear, get it in writing, and never make appearing on camera a condition of keeping their job.

What about filming in public?

Public places carry different expectations, and city property may need a film permit. For marketing, the safest habit is still to avoid recognisable bystanders or ask them. In Coquitlam, the City's Film Office answers permit questions.

Should a lawyer review my release form?

Yes, ideally once. A short review of your standard wording is inexpensive compared with dealing with a complaint, and a lawyer can tailor it to your business.

Sources

  1. BC Laws: Personal Information Protection Act [SBC 2003] c. 63 (2026-10-23)
  2. Office of the Information and Privacy Commissioner for BC: For private organizations (2026-10-23)
  3. OIPC BC: A Guide to B.C.'s Personal Information Protection Act (2026-10-23)
  4. City of Coquitlam: Filming (2026-10-23)