Ontario's privacy commissioner is throwing out the argument that a Gatineau bus driver had his privacy violated when a passenger recorded a video of him doing paperwork while driving a city bus.

The video, which went viral on YouTube, clearly shows an STO bus driver filling out forms behind the wheel. He's also seen guiding the steering wheel with his knees.

The union representing Gatineau bus drivers has said the video violated the driver's privacy and they'd like the city to ban video recordings on public buses.

However, the privacy commissioner for Ontario – who doesn't have jurisdiction over what happens in Quebec – says privacy can't be used as a defence in this case.

"You don't hide behind privacy. You don't use it as a shield. That is the most inappropriate use of that protection. It applies to individuals who deserve to have privacy protection relating to their own personal activities, not work-related activities," said Dr. Ann Cavoukian.

She also says banning video recordings on buses just doesn't make sense.

"It would be crazy. What are you going to do? Remove people's cellphones when they enter the bus? And then you'll have to give it to them when they leave. And of course you'd have to have a way to properly match it. So you'd have to hire more staff. Great – more resources. It's crazy, it doesn't work," Cavoukian said.

The bus driver who was caught doing paperwork behind the wheel has since been disciplined. He will not be fired.

With a report from CTV Ottawa's Norman Fetterley