In a rare example of its kind, a federal court has found Radio Shack to be in violation of the Privacy Act by requiring some of its residents to install a radio shack interCOM system that costs about $300,000.
The Federal Court of Appeal in Ottawa found that Radio Shack has “no right to compel” tenants to install the system.
In its ruling, the court also found that the system is “a costly nuisance for the individual and to all the others who are exposed to the interference.”
“It appears that Radio Shack’s intercom and its attendant devices are in a highly insecure position, and that it may well have the power to impose their terms and conditions,” Justice Mark Tinsley wrote in his majority decision.
“The privacy interests of the individual are at stake.
It is a legitimate expectation that the radio shack owner must ensure that his or her premises are protected from interference, and a legitimate demand that RadioShack provide the services it claims to provide.”
Radio Shack did not immediately respond to CBC News’ request for comment.
Tinsleys ruling comes a week after the Supreme Court of Canada ruled that a private company could impose radio shack fees on tenants and that some rental agreements require landlords to pay for the intercom systems, which are expensive to install.
Radio Shack argued in court that the fees were necessary to cover costs associated with building the system and that its system is not a radio transmitter, so it is not subject to the Privacy and Electronic Documents Act.
RadioShacks claims that its intercoms are a communications system, but in some situations they can be used to control audio signals, as in situations where someone is talking on a mobile phone or has a speaker phone attached to the unit.