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Reasonable Expectations of Privacy?
In 1967, Justice John Marshall Harlan introduced the litmus test of ‘a reasonable expectation of privacy’ in his concurring opinion in the US Supreme Court case of Katz v. United States. Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, to fight crime, and to increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. What is the purport of ‘reasonable expectations of privacy’? Reasonable expectations of privacy and the reality of data pr...
Workplace Privacy & Private Sector Privacy Laws
This paper provides a general examination of the nature & implications of private sector privacy legislation. It begins with an overview of the international context for private sector privacy laws, their history in Canada, and the principles that generally underpin such laws. It then discusses the federal Personal Information Protection & Electronic Documents Act (PIPEDA), including its scope, main features, specific requirements of PIPEDA that apply to organizations (with a focus on employee personal information), and the right of employees to access their own personal information.
