Invasion of Privacy
AbstractThe lack of coherent theory of privacy is at the root of the inadequacy of present-day legal measures to afford protection of the indivisible "social space" surrounding each individual Professor Williams, in recog nizing some of the difficulties involved in defining the sphere of an individual's interest in privacy, emphasizes the threat posed by the gathering and dissemination of information about an individual without his knowledge or authority. This threat, says Professor Williams, cannot be neutralized by the individual himself; there must be judicial or legis lative intervention on his behalf. Common law torts, while they do give some protection, are not sufficient: the remedies are both slow and costly, and, of course, are not available to one who is not aware that his privacy has been invaded. Statutory enactments such as those in Manitoba and British Columbia give only broad and general protec tion against invasions of privacy; and other legal protection (which only incidentally affects privacy-intrusive conduct) is both sporadic and limited. rational theory of privacy, the author concludes, is essential to effective protection against invasions ofprivacy.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.