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Full-Text Articles in Law
Delineating The Legal Framework For Data Protection: A Fundamental Rights Approach Or Data Propertization?, Efe Lawrence Ogbeide
Delineating The Legal Framework For Data Protection: A Fundamental Rights Approach Or Data Propertization?, Efe Lawrence Ogbeide
Canadian Journal of Law and Technology
The Charter of Fundamental Rights of the European Union, like other key legal instruments around the globe, grants citizens the right to privacy in Article 7. The Charter, however, further provides for the right to data protection in Article 8. Simply put, the implication of Article 8 of the Charter is that the right to data protection is a fundamental right. The central question in this article is whether data protection indeed qualifies to be categorized as a fundamental right. If not, what other approach(es) to data protection may be implemented?
Can Pipeda ‘Face’ The Challenge? An Analysis Of The Adequacy Of Canada’S Private Sector Privacy Legislation Against Facial Recognition Technology, Tunca Bolca
Canadian Journal of Law and Technology
Facial recognition technology is one of the most intrusive and privacy threatening technologies available today. The literature around this technology mainly focuses on its use by the public sector as a mass surveillance tool; however, the private sector uses of facial recognition technologies also raise significant privacy concerns. This paper aims to identify and examine the privacy implications of the private sector uses of facial recognition technologies and the adequacy of Canada’s federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), in addressing these privacy concerns. Facial templates produced and recorded by these technologies are …
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Dalhousie Law Journal
If I don't tell you that I was assigned male at birth, as a transgender person, can I go to jail for sexual assault by fraud? In some jurisdictionslike England or Israel, the answer is: yes. Previous arguments against this criminalisation have focused on the realness of trans people's genders: since trans men are men and trans women are women, it is not misleading for them to present as they do. Highlighting the limitationsofthis position, which doesn't fully account for the messiness ofgendered experiences, the author puts forward an argument against the criminalisation of (trans)gender history non-disclosure rooted in privacy. …
Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram
Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram
Canadian Journal of Law and Technology
Dr. Smyth’s book is ambitious in its scope, seeking to trace the criminology and evolution of information technologies and cybercrime as the basis of current Canadian legislation and jurisprudence. It is intended as a concise student reference text or resource for those who are new to the subject area, studying in criminology and other areas, as opposed to law. A list of concepts and issues for discussion appears at the conclusion of each chapter and there is a glossary of technical (but not legal) terms at the end of the book. It takes a neutral and professorial approach, seeking to …
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Dalhousie Law Journal
This article examines the issue of the retention and destruction of personal health information. While legislation in Canada shows some attention to the issue of retaining health records, very little consideration has been given to their destruction. As technological advances have made indefinite retention feasible, serious privacy issues are now being raised by the lack of a standard related to the destruction of health records. The author argues that this issue needs to be explicitly addressed. The author analyzes this problem by looking at issues of autonomy, public good, inequality, and privacy as a social good before offering thoughts on …
Privacy, Trusts And Cross-Border Transfers Of Personal Information: The Quebec Perspective In The Canadian Context, Eloise Gratton, Pierre-Christian Collins Hoffman
Privacy, Trusts And Cross-Border Transfers Of Personal Information: The Quebec Perspective In The Canadian Context, Eloise Gratton, Pierre-Christian Collins Hoffman
Dalhousie Law Journal
This paper argues that data protection laws apply to prevent the disclosure of certain information relating to trusts, which are increasingly being used .as business and investment vehicles. Given the broad scope of the concept of "personal information" found under both provincial and federal personal information protection statutes, arguments can be made that information relating to trust beneficiaries or trustees, where such beneficiaries or trustees are natural persons, enjoy some level of protection. Even where a trust contains an express choice of law clause providing that the laws of another province or country apply, Quebec conflict of laws rules may …
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
Dalhousie Law Journal
According to Klein &Kratchanov (Government Information: The Right to Information and Protection of Privacy in Canada, 2nd ed., 2009), "there is one reported case of a successful private prosecution for violation of an access statute through the unauthorized release of personal information. The matter arose under a former Nova Scotia Act and resulted in a modest fine being imposed against a Minister of the Crown who had disclosed information about the complainant." What follows is a close, contextual study of a case unique in the short history of privacy law in Canada, from the perspective of the thirty-year development of …
Towards An Equality-Enhancing Conception Of Privacy, Jane Bailey
Towards An Equality-Enhancing Conception Of Privacy, Jane Bailey
Dalhousie Law Journal
Canadian jurisprudence has explicitly recognized the impact of child pornography on the privacy rights of the children abused in its production. In contrast, it has generally not analyzed other forms of harmful expression, such as hate propaganda and obscenity,to be violations of the privacy rights of those targeted. In a previous article, the author suggested that this distinction in the jurisprudence reflected the relative ease with which the privacy interests of the individual children whose abuse is documented inchild pornography meshed with the prevalent Western approach toprivacy as a negative individual liberty against intrusion. Noting the historic role that the …
Missing Privacy Through Individuation: The Treatment Of Privacy Law In The Canadian Case Law On Hate, Obscenity, And Child Pornography, Jane Bailey
Dalhousie Law Journal
Privacy is approached differently in the Canadian case law on child pornography than in hate propaganda and obscenity cases. Privacy analyses in all three contexts focus considerable attention on the interests of the individuals accused, particularly in relation to minimizing state intrusion on private spheres of activity However, the privacy interests of the.equality-seeking communities targeted by these forms of communication are more directly addressed in child pornography cases than in hate propaganda and obscenity cases. One possible explanation for this difference is that hate propaganda and obscenity simply do not affect the privacy interests of targeted groups and their members. …
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa
Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa
Canadian Journal of Law and Technology
It is now trite to say that the events of September 11, 2001 have had a profound impact on our national security, in terms of its institutional and normative dimensions, and also in terms of a more general public anxiety. The hastily enacted Anti-terrorism Act of 2001 brought about significant changes to a wide range of statutes including, among others, the Criminal Code, the Official Secrets Act, the Canada Evidence Act, and the Proceeds of Crime (Money Laundering) Act. An early conference and resultant book on the Anti-terrorism Act raised serious concerns about the potential impact of the changes on …
Personal Medical Information: Privacy Or Personal Data Protection?, Wilhelm Peekhaus
Personal Medical Information: Privacy Or Personal Data Protection?, Wilhelm Peekhaus
Canadian Journal of Law and Technology
Some of the existing literature concerning the privacy of health information seems to suggest that medical information has a particularly special nature; either through its oft-cited association with dignity or the need for its ‘‘unobstructed’’ use by health care practitioners for a variety of reasons. It is against such a backdrop that this paper will review and compare a number of legislative mechanisms that have been designed to meet the challenge of safeguarding the privacy of personal information without completely hindering the continued flow of information required by economic and health care systems. An attempt will be made to situate …
The Personal Information Protection And Electronic Documents Act: A Lost Opportunity To Democratize Canada's "Technological Society", Tina Piper
Dalhousie Law Journal
Bill C-6, more recently known as the Personal Information Protection and Electronic Documents Act, is promoted by the Canadian government as privacy legislation to protect Canadians' personal information. This paper explores that characterization and concludes that it is inaccurate and misleading. The problems that motivated a response by Parliament are the proliferation and commercial importance of personal information, concerns Canadians have about its uncontrolled use by the private sector and the inadequacy of existing law to address those concerns. However, the Act has not responded to these problems. There are several reasons for this, primarily the disproportionate and antidemocratic importance …
Computer Data Banks And Personal Information: Protection Against Negligent Disclosure, Chris Dockrill
Computer Data Banks And Personal Information: Protection Against Negligent Disclosure, Chris Dockrill
Dalhousie Law Journal
The common law has for centuries recognized the protection of certain interests which fall under the rubric of what is commonly referred to as the right of privacy.' While these safeguards have not always satisfied the concerns of the aggrieved individual, they have and continue to afford some measure of protection. The recognition of a need for a more specific means of protecting such interests is more recent in origin, dating to the later part of the last century.