THE LAW AND PRIVACY: THE CANADIAN EXPERIENCE

Abstract

After surveying models of privacy law and finding deficiencies in each, the author characterizes privacy law as a general principle rather than a solid rule. He argues that, using William Prosser’s “interest analysis,” a coherent and workable view of the law similar to that of the United States emerges. Against this background, he explores the legal options for rectifying invasions of privacy and attempts to gauge their effectiveness in light of technological advances and social institutions. He does so by asking two questions: To what extent do traditional legal sources protect privacy? How far has this recent position been altered by recent statutory modification? After surveying the traditional common law approaches, Canadian provincial experimentation in privacy protection and the recent criminalization of electronic surveillance, the article concludes with recommendations for future directions.