Conflicting claims to the
right to privacy
Chantal Bernier, Counsel Dentons Canada LLP School of Graduate Studies in Public and International Affairs University of Ottawa 21.10.2014
Overview
• The established ethics of privacy
−Privacy basics
−Privacy principles
• Current conflicting claims
−Privacy yes, but…
• Applying established ethics to evolving challenges
−Where do we go from here?
Privacy basics
• What is the right to privacy?
−It’s all about control
• What is personal information?
−It’s all about identity
• Why privacy?
−Dignity and autonomy
Privacy principles
• Necessity and proportionality of collection, use and
disclosure
• User control individually, as contractual fairness,
collectively as a human right
• Transparency to ensure effective control
• Security to protect information
• Recourse to correct inaccurate and redress violations
Conflicting claim #1
• Where do you draw the line between the personal right to
privacy and the democratic right to know?
At relevance
Conflicting claim #2
• Can the right to privacy impact judicial transparency on the
Internet?
Yes, to:
• Take into account the differential privacy impact of the
Internet
• Balance public interest and personal impact
Conflicting Claim #3
• Can the right to privacy restrict the right to freedom of
expression?
Yes, where:
• It is disproportionate to restrict expression in the name of
privacy
Claim # 4
• Is personal information no longer personal on the Internet?
No:
• Personal information remains personal and legally
protected no matter the platform
• However,
− if it is available it will be accessed
−expectations of privacy are low
Claim # 5
• Should privacy take a back seat to public safety?
No, both must and can be protected through:
• Demonstration of necessity
• Proportionate use
• Security of information
• Oversight
Claim #6
• Does free Internet access give the right to collect and use
personal information for ads?
It depends:
• Non-targeted ads require minimal personal information so
are proportionate to purpose
• Targeted ads are based on personal information so must
be optional and avoid sensitive information
Claim # 7
• Can the benefits of data mining outweigh the privacy
intrusion?
Perhaps, if:
• Collective benefits can de demonstrated
• Personal impact can be minimized
Claim # 8
• Does personal accountability open the door to personal
information?
In fact, yes. Ethically, it depends.
• Fair accountability in the public interest only allows
proportionate intrusion upon privacy
So where do we go from here?
Step 1: A social debate on the ethics of privacy in a new
context of risk and modalities.
Step 2: Innovation to integrate established ethics of privacy
to new information technology and business models.
Step 3: Pragmatism to apply ethical principles to operational
processes.
Step 4: A solid ethical grounding to protect privacy in fast
changing times.