Digital Privacy: Criminal, Civil and Regulatory Litigation
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The arrival of the digital age and technological advancements of the 21st century has created new and unanticipated challenges to privacy. As the law and society’s understanding of privacy have evolved in response to those challenges, the need for a book that examines that evolution was born. As they explain in the Preface to this volume, in developing the content for this book, the editors have aimed to “produce an inter-disciplinary approach to understand and litigate issues at the nexus of privacy, law and technology” in the digital age.
Digital Privacy: Criminal, Civil and Regulatory Litigation, examines the ever-developing aspects of privacy law in the criminal and quasi-criminal contexts, covering everything from search and seizure to invasions of privacy.
In particular, readers will benefit from:
- An analysis of all the latest digital privacy cases from the Supreme Court of Canada, including R. v. Marakah, R. v. Jones, R. v. Spencer, R. v. Fearon and R. v. Vu
- A discussion of the various ways that the state can search digital devices and obtain private information from third parties
- A review of the new production order powers introduced by Bill C-13 and how they fit into the Criminal Code
- An examination of the criminal, civil and regulatory consequences of privacy invasions when committed by private parties, including the provisions of PIPEDA
- A summary of the principles governing the use and admissibility of digital evidence, which are essential to the litigation of digital privacy claims
Who should buy this book?
- Criminal lawyers looking to gain knowledge about this increasingly prevalent topic
- Members of the judiciary interested in learning more about this area of the law and wanting to guide a principled and orderly development of privacy law going forward
- In-house counsel who are responsible for staying up-to-date on privacy law so they can ensure company policies are compliant
- Privacy lawyers who are looking for a reliable reference volume for their practice
Table of contents
Chapter 1: Search and Seizure of Electronic Devices (Nader Hasan)
Chapter 2: Search and Seizure of Third Party Information (Stephen Aylward)
Chapter 3: Search and Seizure of Private Communications (Gerald Chan)
Chapter 4: Invasions of Privacy: Criminal Consequences (Fredrick Schumann)
Chapter 5: Invasions of Privacy: Civil and Regulatory Consequences (Justin Safayeni)
Chapter 6: Invasions of Privacy: Class Proceedings (Carlo Di Carlo)
Chapter 7: Digital Evidence (Edward Marrocco)
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