Reasonable Expectation of Privacy: Difference between revisions
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The determination of privacy rights is made "from the independent perspective of the reasonable and informed person who is concerned about the long-term consequences of government action for the protection of privacy."<ref> | The determination of privacy rights is made "from the independent perspective of the reasonable and informed person who is concerned about the long-term consequences of government action for the protection of privacy."<ref> | ||
{{supra1|Patrick}}{{atL|231wj|14}}</ref> | {{supra1|Patrick}}{{atL|231wj|14}}</ref> | ||
The assessment is context dependent.<REf> | |||
{{CanLIIR|White|gjx9t|2015 ONCA 508 (CanLII)}}{{perONCA|Hushcroft JA}}{{atL|gjx9t|44}} ("But the lesson from Edwards is that the reasonable expectation of privacy is a context-specific concept that is not amenable to categorical answers. A number of considerations may be relevant in determining whether an expectation of privacy is reasonable in the context of particular multi-unit buildings, albeit that none of them is dispositive. The Edwards factors must be considered as a whole, having regard to the particular circumstances of each case.")<Br> | |||
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The key question in the context of police surveillance is whether "unauthorized surveillance ... would see the amount of privacy and freedom remaining to citizens diminished to a compass inconsistent with the aims of a free and open society."<ref> | The key question in the context of police surveillance is whether "unauthorized surveillance ... would see the amount of privacy and freedom remaining to citizens diminished to a compass inconsistent with the aims of a free and open society."<ref> | ||