Privacy Rights of Children.

• Author: Zeeshan, Khadija
• Position: Feature: Privacy Protection

Introduction

There is an ever-increasing concern for privacy rights of children. Privacy has many different dimensions and involves many different actors. The Oxford dictionary describes it as: "a state in which one is not observed or disturbed by other people". Privacy may be sought from the government, business and private individuals. Legislation and common law in Canada recognizes the different dimensions and actors involved in privacy. The international Convention on the Rights of the Child ("Convention"), Canadian Charter of Rights & Freedom ("Charter"), legislation including The Personal information Protection and Electronic Documents Act ("PIPEDA"). Alberta's Personal Information Protection Act ("PIPA"), the Privacy Act, Alberta's Freedom of Information and Protection of Privacy Act ("FOIP"), and actions in tort all protect the privacy rights of children. In combination, these laws, among other legislation such as the Young Offenders Act and the Youth Criminal Justice Act, directly and indirectly protect minors and their right to privacy. However, unlike the U.S., Canada has no single piece of legislation specifically protecting the privacy rights of children with the exception of the international UN Convention, binding Canada and its provinces.

UN Convention on the Rights of the Child

Canada has signed and ratified the UN Convention on the Rights of the Child. Article 16 of the Convention specifically protects children's privacy. Although Canada is bound by the Convention to protect the privacy rights of children, the enforceability of the law is a process that has to be undertaken by the Government of Canada and its provinces. The international law has to be incorporated into domestic law in order for the international law to be enforceable. This also means when Canada ratifies a convention, it has to ensure that its domestic laws are in accordance with the treaty it is signing to avoid conflict.

The protection of privacy of children is a very broad provision. It reads as follows: "Children have a right to privacy. The law should protect them from attacks against their way of life, their good name, their families and their homes". The Supreme Court of Canada in the 2005 case of R v. R.C. explicitly refers to the Convention and its incorporation into the criminal justice system for youth. It wrote:

"In creating a separate criminal justice system for young persons, Parliament has recognized the heightened vulnerability and reduced maturity of young persons. In keeping with its international obligations, Parliament has sought as well to extend to young offenders enhanced procedural protections, and to interfere with their personal freedom and privacy as little as possible: see the United Nations Convention on the Rights of the Child... incorporated by reference in the YCJA." The Court goes on to to say that it cannot be presumed, as in the case of adult offenders, that "there will be minimal impact on a young person's privacy and security of the person."

However, this is not a blanket right. Section 24(2) of the Charter states the evidence still may be admissible if it can be proven...