Justice Rosalie Silberman Abella, Supreme Court of Canada

(2018) 4 CJCCL
Justice Rosalie Silberman Abella
Supreme Court of Canada
The Canadian Journal of Comparative and Contemporary Law has
produced yet another invaluable intellectual contribution to yet
another intellectually dynamic area of law. To tackle the privacy issues in
Data Protection is to scrutinize the past in order to make brave predictions
about an unknowable future about technology, an overgrown f‌ield with a
haphazard array of fences in need of repair.
is volume will be an outstanding source of insights for anyone who
cares about the relationship between privacy and progress, and its impact
on who we are as individuals, as a society, and as a global community.
is core mission — assessing the future of privacy in technology’s
revolutionary wake — gets careful and probing scrutiny in this volume.
Fiona Brimblecombe and Gavin Phillipson explore the implications
of the European Union’s new “right to be forgotten” found in Article
17 of the General Data Protection Regulation, and how the Strasbourg
Court’s privacy jurisprudence has adapted to the revised informational
contours. e impact of the right to be forgotten is also developed in
Jacquelyn Burkell and Jane Bailey’s article on how unredacted online
public access to court records may have a disproportionately harmful
impact on vulnerable groups, raising interesting questions about the role
of equality rights.
Ontario’s “Privacy by Design” attempts to regulate privacy through
the introduction of facial recognition technology in some existing cameras
in casinos and the expanded use of cameras in the public transit system,
of‌fer a case study by Avner Levin into what works and what works less
well. His call for a collaborative regulatory model is echoed throughout
the volume. N.A. Moreham compares how dif‌ferent jurisdictions
(England, Ontario, and New Zealand) assess privacy interests in the torts
context, arguing that New Zealand’s test — the “high of‌fensiveness”
privacy test — is ultimately inef‌fective and should be replaced by a test

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