The Lawyers Weekly (a national newspaper for the Canadian legal profession) recently approached me to publish an article for their “Focus on Information Technology” section of the newspaper. The request gave me pause to think about the impact on Canadians’ privacy of recent technological advances such as e-mail, instant messaging, online forums, blogs and social networking websites (such as Facebook and Twitter). Upon reflection, I concluded that these technological advances are the driving force for what I argue are increasing calls for a “third wave” of privacy laws.
The “first wave” of privacy laws (such as the federal Privacy Act) were introduced decades ago to protect the privacy of individuals in respect of public sector government bodies. The “second wave” of privacy laws (such as PIPEDA) were introduced more recently to protect the privacy of individuals in respect of private sector businesses. Arguably, the only missing link in this chain of privacy protection, and what could be the focus of a “third wave” of privacy laws, is protecting individuals from violations of privacy by other individuals in the non-commercial sphere. My goal with the article was not to promote a “third wave” of privacy laws, but rather to engage Canadians in a debate about whether such laws are required.
I hope you click here to read the full article!
I also encourage you to share your thoughts on whether – in the era of Facebook and Twitter – the status quo is sufficient or whether a “third wave” of privacy laws are needed.
Thanks for your thoughts Brian. Here are three very brief thoughts in response, two about the form of legislation and one political will.
First, I don’t think this is a problem suited to regulation that would be addressed by a specialized administrative tribunal. The issue seems to be about private relations between individual citizens rather than state protection of the weak and vulnerable. It therefore seems suited to the courts and not an administrative regime that would demand considerable funding.
Second, I don’t think this is a problem suited to detailed regulation or even regulation as specific as that reflected in the PIPEDA code. You’re right that what is right and wrong right now is very unclear and the subject of great debate.
Third, I don’t think there’s political will for legislation because the older generation does not perceive a problem. One of the key issues in dealing with privacy and social networks is about whether one retains a privacy interest posted online. According to Dr. Levin’s “Digital Divide” study, younger people see this issue very differently from older people. Recent Court decisions certainly reject the view that it is legitimate to claim privacy over material posted online. In light of the traditional view, which might prevail for a while, is it realistic to think this will make its way onto the legislative agenda? (Protection of youth online may be different, but I don’t see this as the issue you’ve raised.)
Thanks again, and hope these are the type of comments that you were looking for.
Best regards!
Dan