Can You Hear Me Now? Conceptions of Privacy in Section 8

The Canadian Journal of Law and Technology recently published an article I wrote on the intersection of philosophy and privacy. The article was initially presented at the McGill Graduate Conference in Law – Legal Challenges in Cyberspace in Montréal, Canada.

The article examines the different conceptions of privacy present in the jurisprudence of s. 8 of the Canadian Charter of Rights and Freedoms. Section 8 guarantees that everyone has the right against unreasonable search and seizure. As a constitutional right, the protection covers the privacy relationship between the state and the individual. It confers privacy over information for which there exists a reasonable expectation of privacy. The article analyzes a taxonomy of four privacy conceptions present in the literature and discuss their presence in s. 8 case law. It also examines two criticisms that arise from the philosophical foundations of these privacy conceptions and suggests a step for reform.

The article is available for download here.

Source: Chris Sewrattan, “Can You Hear Me Now? Conceptions of Privacy in Section 8” (2017) 15 Can. J. L. & Tech. 163


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