Digitally Rethinking Hunter v Southam
نویسندگان
چکیده
Lawful access—the legal regime that authorizes various methods used by law enforcement to intercept, search, or seize information for investigatory purposes—has been subject much debate in Canada. However, those debates need a new solution space the digital age. This must be able incorporate technological solutions minimizing rights infringements and provide forms of accountability safeguards against misuse. is not simply matter adopting popular framework “privacy design,” even reworked “lawful access design.” We argue an appreciation challenges world requires us rethink our basic constitutional framework. The Canadian lawful was set out Supreme Court Canada Hunter v Southam then refined subsequent jurisprudence. this ill-suited contemporary informational privacy four fundamental shifts. First, framework’s point-of-collection focus needs shift broader life cycle data. Second, away from its categorical approach privacy, where some categories are thought inherently more private than others, instead terms use-context Third, exclusive on procedural at point collection (e.g., warrant requirement), consider procedural, legislative, technical throughout data as well. Overall, dominant recognize interests stake practices, including rule law, equality, other freedoms. Once we have better address era, can precisely craft techniques protecting rights, ensuring accountability, safeguarding abuse within Indeed, see why these requirements. payoff doing so, argue, way enabling specific justified uses enforcement, while non-justified over span.
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ژورنال
عنوان ژورنال: Osgoode Hall Law Journal
سال: 2023
ISSN: ['0030-6185']
DOI: https://doi.org/10.60082/2817-5069.3895