Privacy Project Home API-PNR | Cyber Snooping | National ID Cards Spouse In The House | Strip Searches | Video Surveillance The Right to Privacy in Canada According to A. Alan Borovoy, General Counsel for the Canadian Civil Liberties Association, “privacy is central to human dignity and liberty.” Mr. Borovoy asks: “How free would any of us be or feel if our homes could be readily invaded, our letters readily inspected, and our conversations readily monitored? Indeed, one of the most hideous features of George Orwell’s frightening fantasy, 1984, is the provision in everyone’s home of a television screen where Big Brother can watch and hear everything that takes place. As Orwell’s book makes chillingly clear, there can be no liberty without privacy.” Canadians can count on certain legal protections. Although the Canadian Charter of Rights and Freedoms does not specifically guarantee a right to privacy, many sections can be read together to protect privacy. In addition, there are several pieces of legislation that work to ensure the protection of Canadians’ privacy. For example, federal privacy legislation contains many important provisions including access to and protection of certain personal information. (The Federal Privacy Act can be found at: http://laws.justice.gc.ca/en/P-21/. The Access to Information Act can be found at: http://laws.justice.gc.ca/en/A-1/index.html). The Privacy Act also lays out the mandate of the Federal Privacy Commissioner whose job it is to oversee the protection of privacy rights in Canada. (http://www.privcom.gc.ca/). All 10 provinces and the three territories have some type of legislation to protect privacy. (http://www.privcom.gc.ca/information/comms_e.asp) Security and privacy collide head on when discussing issues such as video surveillance, strip searches, and the government’s power to monitor emails and electronic transmissions. On the one hand, there is the duty of the state to protect its citizens and a desire to ensure security. On the other hand, individuals are entitled to privacy rights. Canadian law has often looked to a concept of “minimal impairment,” which means if a law is going to affect a right, it must do so to the smallest extent possible. The rights and freedoms expressed in the Canadian Charter of Rights and Freedoms are subject to “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Who should decide what is reasonable? Where should that line be drawn? Privacy Project Home API-PNR | Cyber Snooping | National ID Cards Spouse In The House | Strip Searches | Video Surveillance