Could the Emergencies Act Overrule Privacy Law
Protections for Cellphone Location Data?
(1) The longstanding tension between public safety and civil
liberty
While COVID-19 is a "novel" coronavirus, the tension
it stokes between public welfare and personal freedom is anything
but new. In the 1970s, our nation had a divided response to the
federal government's invocation of the War Measures
Act to suppress terrorism during the October Crisis. More
recently, the same themes emerged in debates about the
controversial Patriot Act in the wake of 9/11 in the
United States. The delicate balance between public safety and civil
liberty is a fixture of democratic society and has, once again,
come to the fore as the world grapples with a global pandemic for
the first time in more than one hundred years.