Post Tagged with: "reasonable expectation of privacy"

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0)

BC Court Rules on Signing Away Your Reasonable Expectation of Privacy

Canadian privacy law has long been reliant on the principle of “reasonable expectation of privacy.”  The principle is particularly important with respect to the Charter of Rights and Freedoms, as the Supreme Court of Canada has held that the right to be free from unreasonable search and seizure is grounded in a reasonable expectation of privacy in a free and democratic society.

The reasonable expectation of privacy standard provides a useful starting point for analysis, but the danger is that privacy rights can seemingly be lost with little more than a contractual provision indicating that the user has no privacy. Indeed, if privacy rights can disappear based on a sentence in a contract that few take the time to read (much less assess whether they are comfortable with), those rights stand on very shaky ground.

My weekly technology law column (Toronto Star version, homepage version) notes the limits of the reasonable expectation of privacy standard emerged in a recent British Columbia Court of Appeal case involving the search of a courier package that contained illegal drugs. The court rejected claims of an illegal search, concluding that the defendant had no reasonable expectation of privacy despite the fact that he had no commercial relationship with the courier company and had never agreed to, or even viewed, the terms of the contract.

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August 27, 2014 9 comments Columns

Reasonable Expectation of Privacy: The Documentary

The ID Trail team has produced an interesting documentary on various issues associated with the reasonable expectation of privacy featuring a who's who of the privacy world.

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May 24, 2007 2 comments Must Reads

Smells Like Teen Spirit

My colleague Ian Kerr offers a lyrical and thought-provoking look at what we can expect of the reasonable expectation of privacy.

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January 10, 2007 Comments are Disabled Must Reads