Privacy – 1 Step Forward, 1 Step Back

Getting the privacy balance right is not easy, from both theoretical and practical perspectives. As examples, here are some recent developments that go both ways.

Pro Privacy

  • Proposed Bill C-12 amendments to PIPEDA that would mandate privacy breach notification in certain circumstances.
  • The Ontario Court of Appeal decision in Jones v Tsige that created a tort of breach of privacy, or “intrusion upon seclusion” for intentional, offensive privacy invasions.
  • The US Supreme court decision in US v Jones that decided police need to get a warrant before attaching a GPS tracking device to a vehicle.

Anti Privacy

  • Proposed Bill C-12 amendments to PIPEDA that encourage private entities to give personal information to law enforcement without warrants.
  • Proposed “Lawful Accesslegislation that allows police to obtain a significant amount of information about our mobile phone and internet accounts without a warrant, and would require ISP’s to retain certain information about us.
  • The Supreme Court of Canada’s refusal to hear the appeal of the Leon’s case where the Alberta Court of Appeal said that license plates are not personal information.
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  1. David Collier-Brown

    Elsewhere, the EU proposes moving toward more privacy, described