From almost the beginning of recorded history in England it had been recognized that “a man’s home is his castle” and accordingly, the Sovereign’s men could only enter if they had legal authority to do so. Over the centuries that authority evolved into the modern day search warrant. Canada’s … [Read more...]
Privacy in Canada
Everywhere in the Western world it appears that the right to privacy is under serious assault. It is normal to read about and attend conferences with such threatening monikers as “Big Brother in the 21st Century”. Businesses, financial predators and governments all seem to have an ever-increasing … [Read more...]
Privacy in Canada (Part 3)
New case law has arrived since the debate over the Lawful Access Bill ended this spring. Before commenting on it, I would like to make a small detour to clear up one point. The lack of a federal position paper that would canvass the rich body of case law might lead one to wonder about the approach … [Read more...]
The Complexities of Privacy and Social Networking Sites
Two cases, released in April 2012, from the Office of the Privacy Commissioner of Canada (“OPC”) demonstrate the privacy challenges facing users of social networking websites. The first allegation was made by a user who alleged that Facebook was collecting, using and disclosing his personal … [Read more...]
Privacy in Canada (Part 2)
From the time of the Code of Hammurabi in the 17th century BCE, societies that have aspired to some level of freedom and personal autonomy have expressed awareness of the need for privacy. In North America, the modern era of awareness of privacy as a right to be enshrined in the law might be traced … [Read more...]
Intrusion Upon Seclusion: The Tort of Invasion of Privacy
A person’s computer is a highly personal storage instrument. Many cases have concluded that an extremely high level of privacy is expected regarding the contents. One week after the Ontario Court of Justice made that observation in Pottruff v. Don Berry Holdings Inc., 2012 ONSC 311 (which … [Read more...]