Michael Power comments on the UK’s Protection of Freedoms proposal as a comparison framework for discussing what else might be usefully included in Canadian protections:
If the UK wants to enable citizens to directly protect their privacy where CCTV is concerned — by making an application for judicial review — why shouldn’t we do the same in Canada? Except instead of an application for judicial review, why not a private right of action in PIPEDA?
Statutory tort statutes for breach of privacy exist in British Columbia, Manitoba, Saskatchewan and Newfoundland so precedents for a privacy-related private right of action do exist. Financing a lawsuit isn’t for the faint-hearted so potential abuse doesn’t strike me as a reason not to consider such a proposal. This may be a great or terrible idea but a little outside-the-box thinking and discussion can’t hurt. So, maybe it’s time to consider adding a private right of action to PIPEDA – even if it only stimulates discussion about what should be considered in PIPEDA Review II.
Read his entire commentary on MichaelPower.ca