Privacy is important. It is a matter of much current debate as
changes in technology and the law arguably makes it more difficult
to maintain and protect. Does the internet make privacy impossible?
Is the passage of Bill C-51 a threat to individual privacy? Is the
escalating use of drones a privacy concern? The answers to these
questions are varied and uncertain. But how does the law treat
privacy?
To begin, there is no common-law claim for breach of privacy. As
a result, in B.C. the Legislature enacted the Privacy Act
which came into force in December 2007. The Privacy Act is
short, running to only five sections. It creates a
"statutory tort" making it unlawful for anyone
"wilfully and without a claim of right, to violate the privacy
of another." However, the nature and degree of privacy a
person is entitled to is only "that which is reasonable in the
circumstances, giving due regard to the lawful interests of
others." Further, in determining if there has been a
