NCJ Number
47663
Date Published
Unknown
Length
114 pages
Annotation
BACKGROUND MATERIAL ON THE STATUS OF LEGAL PROTECTIONS PERTAINING TO THE RIGHT OF PRIVACY IS PRESENTED IN A WORKING PAPER PREPARED FOR A CANADIAN NATIONAL TASK FORCE ON PRIVACY AND COMPUTERS.
Abstract
FOLLOWING AN INTRODUCTORY OVERVIEW, THE REPORT IDENTIFIES THE PRIVACY-RELATED INTERESTS CAPABLE OF BEING PROTECTED BY THE LAW. IT IS NOTED THAT THESE INTERESTS ARE DIVERSE AND THAT THEY ARE COMPETITIVE IN THAT THEY INHERE IN THE INDIVIDUAL, IN INSTITUTIONS, AND IN SOCIETY IN GENERAL. THE STATUS OF EXISTING LEGAL PROTECTIONS RELATED TO PRIVACY IS EXAMINED. THE LEGAL FRAMEWORK WITHIN WHICH PRIVACY INTERESTS ARE RESOLVED ENCOMPASSES REAL PROPERTY, PERSONAL PROPERTY, AND TORTS. AN ASSESSMENT IS MADE OF FUTURE PROTECTION THAT EXISTING LAWS WOULD AFFORD TO INDIVIDUALS GIVEN THE POTENTIAL OF VARIOUS TECHNOLOGICAL AND SOCIETAL CHANGES THAT COULD RESULT IN INTRUSIONS AND INVASIONS OF PRIVACY. IT IS CONCLUDED THAT THE LEGAL SYSTEM AS IT EXISTS WILL NOT ADEQUATELY PROTECT SOCIETY FROM SOME THREATS AND INVASIONS. THE DEFICIENCY STEMS PARTLY FROM THE FACT THAT THE LAW USUALLY MOVES ONLY AFTER A POTENTIAL THREAT APPEARS. IT IS PREDICTED THAT THE INADEQUACIES OF THE LAW WILL FALL WITHIN THE FOLLOWING CATEGORIES: INADEQUATE PROTECTION; COSTLY REDRESS; TARDINESS; PROBLEMS OF PROOF; AND EXPOSURE IN COURT OF SECRET OR CONFIDENTIAL MATTERS. POTENTIALLY APPLICABLE FEATURES OF THE COMMON LAW DECISIONMAKING PROCESS FOR RESOLVING COMPLAINTS ARE POINTED OUT. SPECIFIC CONSIDERATIONS THAT SHOULD BE MADE IN DEVELOPING LEGAL PROTECTIONS AGAINST INVASIONS OF PRIVACY ARE DISCUSSED. A GENERAL SCHEME OF LEGAL PROTECTION IS OUTLINED. ISSUES YET TO BE RESOLVED IN THE DEVELOPMENT OF LEGAL PROTECTIONS OF PRIVACY ARE LISTED. (LKM)