PHIL 338 - Privacy and Control (Handout 11)

Informational privacy

Concerns personal information and is often central to contemporary debates about privacy.

Decisional privacy

Involves one's actions and decisions, distinguished from informational privacy.

Roe v. Wade

A landmark Supreme Court decision on abortion relating to decisional privacy.

Right to be let alone

Concept introduced by Warren and Brandeis as a fundamental aspect of privacy.

Control

A central aspect of privacy; the ability to manage one's personal information.

R v Marakah

A Supreme Court case concerning the expectations of privacy in the context of text messages.

Standing

Legal ability to contest a search or seizure based on an individual's relation to the subject.

Admissibility

Refers to whether evidence is permissible in court proceedings.

Section 8 of the Charter of Rights and Freedoms

Protects against unreasonable search and seizure in Canada.

Objective reasonable expectation of privacy

A standard determining if a person's privacy interest is legally protected under Canadian law.

Signal interception

The act of listening to or capturing communications, which requires a warrant for legality.

Personal information

Data that can identify an individual, crucial to discussions of informational privacy.

Privacy interest

The concern individuals have over their personal information and its disclosure.

Normative judgment

A decision based on a standard of what ought to be, particularly in legal contexts.

Technological reality

The impact of current technology on expectations of privacy and control.

Text conversation control

Refers to the degree to which individuals can govern information shared via text messages.

Supreme Court of Canada

The highest court in Canada that interprets the law and the Constitution.

What is informational privacy?

It concerns personal information and is often the focus of contemporary privacy debates.

How is decisional privacy different from informational privacy?

Decisional privacy concerns one's actions and decisions, rather than personal information.

What was the significance of Roe v Wade in the context of decisional privacy?

It clarified that a woman has the right to make certain decisions without external interference.

What is the connection between individual privacy interests and section 8 of the Charter of Rights and Freedoms in Canada?

Section 8 protects against unreasonable search and seizure based on an individual's privacy interest.

What did Warren and Brandeis argue about the right to privacy?

They construe the right to privacy as a 'right to be let alone' and grounded in a 'right to one's personality'.

What is the central idea that Warren and Brandeis assigned to privacy?

Control over one’s personal information.

What was the decision in R v Marakah concerning the standing to contest a search?

The Supreme Court found that Marakah had an objectively reasonable expectation of privacy regarding the conversation.

How does the Supreme Court of Canada define an objectively reasonable expectation of privacy?

It must reflect a consideration of the totality of circumstances.

What was the main point of disagreement between the majority and dissent in the Marakah case?

Whether Marakah retained control over the text conversation despite not having exclusive access.

What does the principle of individualistic privacy imply about standing in Canadian law?

A party has standing to contest a search only if they have a particular relation to the target of the search.

Why can’t the precedents concerning signal interception be easily extended to Marakah's case?

Because control over the conversation was no longer active at the time of the search.

What modification does Marakah propose regarding the normative foundation for an objectively reasonable expectation of privacy?

It expands the understanding of control over a conversation to secure broader privacy protections.